Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4390 of 2018 Applicant :- Laljeet And 1 Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Kumar Mishra Counsel for Opposite Party :- A.G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for the applicants and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against accused Pravesh and one unknown person alleging that 01.10.2017 the son of the complainant Awdesh Kumar, aged about 13 years was kidnapped by accused Pravesh and the F.I.R. was lodged on the same day; subsequently by the Police the abductee was recovered in the house of Pravesh and other accused were fled away.
Learned counsel for the applicants submitted that due to previous dispute of land the applicants have been falsely implicated in the present case; there is no independent witness against the applicants; story made against the applicants are unnatural and unbelievable; the applicant no.2 is handicapped and applicant no.1 is 65 years old person; it is impossible that they will do this type of act; in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial; they are in jail since 02.10.2017 (more than five and half months); having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against the applicants.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicants Laljeet and Vimal involved in the Case Crime No. 311 of 2017, under Sections 364 I.P.C., P.S. Saifai, District Etawah be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicants shall not tamper with the prosecution evidence.
ii) The applicants shall not threaten or harass the prosecution witnesses.
iii) The applicants shall appear on the date fixed by the trial court.
iv) The applicants shall not commit an offence similar to the offence of which the applicants are accused, or suspected of the commission, of which applicants are suspected.
v) The applicants shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicants 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 conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 23.3.2018/A. Tripathi