Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35677 of 2021 Applicant :- K.P. @ Kuldeep Opposite Party :- State of U.P.
Counsel for Applicant :- Satendra Singh Counsel for Opposite Party :- G.A.,Sarvesh Kumar Dubey
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention, in brief, is that how can the applicant commit crime in question when he had no motive to murder the deceased Sonu Kumar. So far as testimony of the informant Rinku Singh is concerned, he being witness of fact is silent regarding involvement of the applicant in commission of the offence in question at the time of inquest when it was prepared by the police. Even after 7 months of the incident, an application was moved under Section 156(3) Cr.P.C. before the court below, on the basis of which the first information report was directed to be registered against the applicant. This exposes falsity of the prosecution case. The accusation is based only on the ground that the applicant happens to be friend of co- accused Prashant who may have some motive to murder the deceased. The applicant does not bear any criminal history and is languishing in jail since 05.07.2021.
Learned A.G.A. has opposed prayer for bail.
Upon consideration of the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant K.P. @ Kuldeep involved in Case Crime No.441 of 2020, under Section 302 I.P.C., Police Station Jasrana, District Firozabad be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 25.10.2021 rkg