Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10033 of 2018 Applicant :- Kishora Opposite Party :- State Of U.P.
Counsel for Applicant :- Raj Narayan Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged on 30.07.2017 against Babuli Koal and 10-12 unknown persons alleging that on 29.07.2017 two persons, namely, Vijay and Balwant were abducted by gang of Babuli Koal; subsequently they come back from the gang and in the statement of abductee recorded under Section 161 Cr.P.C the name of accused Babuli Koal, Lavlesh Koal, Chaudhary @ Rajola, Sharda, and Sugreev Koal were disclosed alleging that they were indulged in this crime; subsequently in the statement of Shiv Mohan recorded after one month under Section 161 Cr.P.C. he stated that Babuli Koal, Lavlesh Koal, Sharda Koal, Gudda, Mawasi, Jamuniya, Kishora, Punjabi @ Jagaliya, Sri Pal, Raj Koal and Sanjay Koal were indulged in this crime.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; the applicant was arrested by the Police on 05.09.2017 with co-accused Chaudhary; subsequently on 20.09.2017 in the statement of Shiv Mohan the name of this accused was disclosed; there is no evidence against the applicant except confessional statement of co-accused as well as the statement of Shiv Mohan who is not an eye-witness and has given statement on the basis of suspicion only; 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 05.09.2017 (more than six 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 Kishora involved in the Case Crime No. 108 of 2017, under Sections 147, 148, 149, 364-A, 332, 504, 506 I.P.C. & Section 12/14 Dacoity Affected Area Act, P.S. Markundi, District Chitrakoot 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 :- 28.3.2018 A. Tripathi