Court No. - 57
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10230 of 2016 Applicant :- Kala Opposite Party :- State Of U.P.
Counsel for Applicant :- Zafar Abbas,A.Z.Khan,Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Kala seeking bail in Case Crime No. 420 of 2015, under Sections 302, 201 IPC, P.S. Rampur Maniharan, District Saharanpur.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case.
Learned counsel for the applicant has submitted that the applicant is not named as an accused in the FIR, lodged by the brother of the deceased. However, his name has surfaced in the statement of Gurdeep, another brother of the deceased, recorded on 31.12.2015, in which, for the first time, the applicant Kala alongwith co-accused Sethpal is said to be accompanying the victim deceased. The said witness, in his statement, has also shown the presence of his brother Narendra Singh, who has lodged the FIR. However, neither in the FIR nor in the statement recorded under Section 161 CrPC of Narendra Singh, the applicant was nominated as an accused. Thereafter, the second statement of the first informant Narendra Singh has been recorded, in which, he has stated that the applicant Kala alongwith co-accused are responsible for causing the death but has not nominated the applicant as an accused in the FIR or in the statement recorded under Section 161 CrPC.
Learned counsel for the applicant has further submitted that no recovery whatsoever has been made from the possession or on the pointing out of the applicant. The applicant is in jail since 22.08.2016.
Learned counsel for the applicant has further submitted that there is no chance of fleeing away of the applicant from the judicial process or tampering the evidence. The applicant has no criminal history to his credit.
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Kala be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 30.3.2018 Nadim