Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17715 of 2019 Applicant :- Kanhaiya Opposite Party :- State Of U.P.
Counsel for Applicant :- Madan Mohan,Prem Sagar Verma Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has not committed the present offence. He was not named in the FIR nor the victim disclosed his name in the statement under Section 164 Cr.PC. Police arrested co-accused Rohit and Kanhaiya on the basis of suspicion. In their confessional statement they disclosed the name of the applicant. Nothing is recovered from the possession of the applicant to connect with this matter. No proper test identification parade has also been arranged. Recovery is from the co- accused Rohit and Kanhaiya. If the entire prosecution story is taken into consideration then also co-accused Rohit and Kanhaiya may be held responsible in commission of the present offence but there is no evidence to connect the applicant with the present offence. The applicant has no criminal history. He is languishing in jail since 19.12.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Kanhaiya involved in Case Crime No. 1366 of 2018, under Sections 376-D, 394, 365, 506, 411, 34 I.P.C., P.S. New Agra, District Agra be released on bail on furnishing a personal bond and two heavy sureties (not less than Rs. 5 lakh) each in the like amount to the satisfaction of the court concerned subject to the conditions :
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him 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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 26.4.2019 Sachdeva