Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14871 of 2018 Applicant :- Kamta Prasad Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Daga,Mayank Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Amit Daga, learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against the applicant Kamta Prasad alleging that on 27.10.2017 he killed his father by riding tractor on his body.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; nobody was found at the place of incident; the death was caused by crushing the deceased, fourteen injuries were found on the body of the deceased; except one which is lacerated all other injuries abrasion and contusion, that is mere an accident nothing else; due to ulterior motive the F.I.R. was lodged against this accused under Section 302 I.P.C; there is no independent witness against the applicant; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 27.10.2017 (more than five and half months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Kamta Prasad involved in the Case Crime No. 287 of 2017, under Sections 302 and 427 I.P.C., P.S. Baberu, District Banda 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 with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 23.4.2018//A. Tripathi