Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38716 of 2017 Applicant :- Kanhaiya @ Vikas Opposite Party :- State Of U.P.
Counsel for Applicant :- Saurabh Gour,A.B.L. Gour,Ashutosh Gupta Counsel for Opposite Party :- G.A.,Rizwan Ahmad
Hon'ble Aniruddha Singh,J.
Rejoinder affidavit filed by learned counsel for the applicant is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to prosecution case, the dead body was found on 07.03.2017 and that was identified as Sanjeev; case was registered under Section 302 I.P.C. against unknown person; during investigation, it was found that Bittu, brother of the deceased, had killed Sanjeev and on the statement of Rajani, names of Vikram, Akash, Nadeem and Kanhaiya were disclosed ; cause of death was found asphyxia as a result of strangulation as per post- mortem report.
Learned counsel for the applicant submitted that the applicant has been falsely implicated; he is languishing in jail since 5.4.2017 (one year and half months); one case of criminal history has been explained; he is not named in the F.I.R; there is no legal evidence against the applicant; no link has been established and only on the basis of suspicion, the name of the applicant was surfaced; co-accused Aakash, Nadeem and Vikram have been enlarged on bail by this Court vide orders dated 17.11.2017, 14.11.2017 and 12.9.2017 in Criminal Misc. Bail Application nos. 44644 of 2017, 43869 of 2017 and 34058 of 2017 and the role of the applicant is not distinguishable with the role of the co-accused, therefore, the applicant is also entitled for bail; in case he is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has vehemently opposed the prayer and submitted that applicant having an active participation in the offence, he does not deserve bail.
Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case, nature of accusation against applicant and evidence in support of it and without commenting on the merits of the case, I find it to be a case of bail.
Let applicant Kanhaiya @ Vikas be released on bail in Case Crime No.
236 of 2017, under Sections 147, 302, 201, 120-B, 34 I.P.C., P.S.
Vrindavan, District Mathura, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 30.5.2018 OP