Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43451 of 2018 Applicant :- Krishna Sahai Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that applicant is son of first informant and step brother of deceased and has been falsely implicated due to property dispute; that as per averments made in F.I.R., 8 years old Atul Kumar was playing outside the home at 7:30 p.m. on 5.6.2018 and was seen on the bicycle of applicant's son Kalpnath @ Jhangur, who was taking him on his bicycle and on 6.6.2018 at 4:00 p.m. his dead body was found in Babhani; that applicant had no motive to cause death of deceased; that case of applicant is distinguishable from co- accused Kalpnath @ Jhangur; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 19.7.2018.
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 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 Krishna Sahai be released on bail in Case Crime No.51 of 2018, under Sections 364, 302, 201, 120B I.P.C., P.S. Babhani, District Sonbhadra, 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
(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 :- 19.12.2018 Kpy