Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24625 of 2018 Applicant :- Krishanand Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar Dubey Counsel for Opposite Party :- G.A.,Amir Khan
Hon'ble Rajiv Gupta,J.
Learned AGA has filed counter affidavit on behalf of the State, which is taken on record.
Heard learned counsel for applicant, Sri Subhash Chandra, learned counsel for the first informant, the learned AGA for the State and perused the record.
Applicant- Krishanand seeks bail in Case Crime No. 114 of 2018, under Sections 302, 376 IPC, P.S. Hathras Junction, District- Hathras.
Learned counsel for the applicant has submitted that dead body of the victim was found in the open field. As per the post-mortem report, the cause of death is due to strangulation. Learned counsel for the applicant has next submitted that applicant is not named in the first information report. His name surfaced subsequently in the statement of co-accused Prem Chandra and no role of causing death has been assigned to the applicant. Learned counsel for the applicant has next submitted that similarly placed co-accused Keshav has already been granted bail by this Court in Criminal Misc. Bail Application No. 33199 of 2018 vide order dated 5.9.2018. Lastly, it is submitted that applicant is in jail since 5.4.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. The applicant has no criminal history to his credit.
Per contra, learned AGA as well as learned counsel for the first informant have vehemently opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that similarly placed co-accused Keshav has already been granted bail by this Court and no specific role of causing death of the victim has been assigned to the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant Krishanand be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 30.1.2019 KU