Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54735 of 2021 Applicant :- Kamlesh Opposite Party :- State of U.P.
Counsel for Applicant :- Radhey Shyam Yadav Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Radhey Shyam Yadav, learned counsel for the applicant and Sri Ankit Srivastav, learned AGA for the State as also perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Kamlesh, with a prayer to release him on bail in Case Crime No. - 643 of 2018, under Sections - 323, 325, 506, 302 I.P.C., Police Station - Gursahaiganj, District - Kannauj, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) against FIR lodged on 29.11.2018, the applicant is in confinement since 01.09.2021;
(ii) the applicant has been detained upon summoned under Section 319 Cr.P.C.;
(iii) the applicant has no criminal history;
(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that during investigation the name of the applicant has been expunged as his presence was not established. There exists sufficient evidence on the case diary in support thereof. Chargesheeted accused are already in jail. Thus, it has been submitted, the case of the present applicant is different and distinct from the main accused against whom chargesheet has been submitted.
(vi) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the investigation sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 24.12.2021 Abhilash