Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38373 of 2018 Applicant :- Kishan Narayan Opposite Party :- State Of U.P.
Counsel for Applicant :- Mithilesh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Kishan Narayan, who is in jail since 04.01.2018 in connection with Case Crime No. 1078 of 2017, under Sections 302/201 IPC, P.S. Narkhi, District Firozabad.
Heard Sri Rajendra Kumar Srivastava, Advocate holding brief of Sri Mithilesh Kumar Shukla, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned AGA alongwith Sri Abhinav Tripathi appearing for the State.
The submission of the learned counsel for the applicant is that the case is entirely rests on circumstantial evidence. The circumstances appearing against the applicant are evidence of last seen and recovery of the weapon of offence claimed by the prosecution. He submits that the recovery attributed to the applicant at his pointing, is of a Banka recovered from an open place that is accessible to passers by and the public. It is further pointed out that there is no public witness of the recovery. It is emphatically stated that the recovery is foisted on the basis of a story woven around an imaginary case, in a matter which is nothing more but a blind murder so far.
Learned AGA has opposed the bail plea but does not dispute the fact that the case is one of circumstantial evidence. It is also not disputed that there is no public witness of the recovery and the recovery is from a place to which the public have access.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, that is, entirely circumstantial and not clinching but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Kishan Narayan involved in Case Crime No. 1078 of 2017, under Sections 302/201 IPC, P.S. Narkhi, District Firozabad be released on bail on executing his 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.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 27.10.2018 BKM/-