Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38728 of 2018 Applicant :- Kunwar Pal Opposite Party :- State Of U.P.
Counsel for Applicant :- Abhay Raj Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Abhay Raj Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.170 of 2018, under Section 302 IPC, Police Station Udhaiti, District Budaun, with the prayer to release him on bail.
Submission of learned counsel for the applicant is that the wife of the deceased lodged first information report against unknown accused. It is stated in the first information report that in her presence 2-3 unknown accused came to the field and all of them assaulted her husband by knife. However, she remained silent for one month and thereafter disclosed the name of applicant and other accused that they had assaulted her husband with knife. Learned counsel for the applicant submits that conspicuous silence of the first informant in not disclosing the name of assailants for about one month casts heavy doubt and suspicion on the entire prosecution version. There is no early prospect of conclusion of trial. So the applicant, who is languishing in jail since 22.7.2018 having no criminal history to his credit, deserves to be released on bail.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Kunwar Pal, 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 following conditions that :-
(1) The applicant shall not tamper with the prosecution evidence;
(2) The applicant shall not pressurize the prosecution witnesses;
(3) The applicant shall appear on the date fixed by the trial Court.
below shall be at liberty to cancel bail of the applicant.
Order Date :- 30.10.2018 Hasnain