Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32626 of 2021 Applicant :- Krishna Opposite Party :- State of U.P.
Counsel for Applicant :- Manish Kumar,Manoj Kumar Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Supplementary affidavit filed by learned counsel for the applicant is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. The First Information Report was lodged against four persons including the applicant attributing general and omnibus role to all the accused persons that they have assaulted deceased with 'lathi' and sticks. No specific role has been attributed to applicant. As per post-mortem report, deceased has sustained only two injuries and that there is no such evidence that which of the accused is author of fatal injury. There is no motive on the part of applicant. It was submitted that recovery of lathi was shown at the instance of applicant and co-accused but the same is false and baseless and there is no independent witness of alleged recovery. It has been further submitted that similarly placed co-accused Bintu and Surendra Yadav have already been granted bail by Co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos. 37526 of 2020 and 73 of 2021 respectively. Criminal history of one case was shown against the applicant, which is duly been explained in counter affidavit, in which applicant is on bail. It has been further submitted that applicant is languishing in jail since 16.06.2020 and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Krishna involved in Case Crime No.365 of 2020, under Sections 452, 304, 323, 324, 504, 506 of IPC, Police Station Thakurdwara, District Moradabad, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 17.9.2021 Mohit