Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28023 of 2018 Applicant :- Kuldeep Opposite Party :- State of U.P.
Counsel for Applicant :- Dhirendra Kumar Srivastava,Rajiv Sisodia Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Counter affidavit filed today. Taken on record.
2. Heard Sri Rajiv Sisodia, learned counsel for the applicant as well as Sri M.K. Dwivedi, learned AGA for the State and perused the material placed on record.
3. The instant bail application has been filed on behalf of the applicant - Kuldeep with a prayer to release him on bail in Case Crime No. 847 of 2017, under Sections 302, 201 IPC, Police Station - Najibabad, District - Bijnor, during pendency of trial.
4. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of murder, punishable with life imprisonment or death penalty;
(ii) against FIR lodged on 02.10.2017, the applicant is in confinement since 05.10.2017;
(iii) the applicant claims to have cooperated in the investigation. In any case, he is not shown to have unduly evaded arrest;
(iv) the applicant has no criminal history;
(v) chargesheet has already been submitted, yet, trial there is no hope of early conclusion of the trial;
(vi) on prima facie basis, only for purpose of grant of bail, it has been submitted that the FIR was lodged on 02.10.2017 by the father of the deceased at about 3.00 p.m., whereas the incident is of 01.10.2017. Though, specific allegation has been made against one Pukhraj, however, four days after the FIR came to be lodged, the last seen evidence was created against the applicant. Thus, it has been submitted that the prosecution story is full of inherent doubts and the applicant's liberty cannot be curtailed in such facts;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witnesses.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two (heavy) 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 by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
7. It is made clear that, in the event of violation of any terms and conditions of the bail order or in the event of any attempt being made by the applicant to intimidate the witness or to tamper the evidence, informant shall be at liberty to file a bail cancellation application supported by the relevant material. That application if filed, may be taken up on priority.
Order Date :- 17.12.2019 AHA