Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35478 of 2018 Applicant :- Kapil Opposite Party :- State Of U.P.
Counsel for Applicant :- Vinay Singh,Atul Tej Kulshrestha Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Counter affidavit filed by learned AGA and supplementary affidavit filed by learned counsel for the applicant are taken on record.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that the applicant is not named in the FIR and has been falsely implicated on the basis of disclosure statement made by co-accused Nitin, who has stated that the murder of deceased was committed by co-accused Shekhar Sharma at the instructions of applicant and Bhartu Nai; that the co-accused Shekhar Sharma in his confessional statement under Section 161 Cr.P.C. has stated that the fire arm for committing the incident in question was supplied by applicant; that it is absolutely wrong to say that the applicant ever made any criminal conspiracy for committing murder of deceased or supplied fire arm to co- accused Shekhar Sharma; that the co-accused Shekhar Sharma has been granted bail vide order dated 06.09.2018 passed in Criminal Misc. Bail Application No.34084 of 2017, copy of which has been produced for perusal; that the applicant has not assigned with any role of causing fire arm injury to the deceased and his case is on better footing; that the applicant has explained his criminal history in paragraph no. 21 of affidavit; that the applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 13.08.2017.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment, grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Kapil be released on bail in Case Crime No. 254 of 2016 under Sections 452, 302, 504 and 120-B I.P.C., P.S. Doghat District Baghpat 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 co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
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 :- 26.11.2018 M. ARIF