Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 449 of 2019 Applicant :- Lankush Opposite Party :- State of U.P.
Counsel for Applicant :- Bhaiya Ram Maurya,Sushil Dubey Counsel for Opposite Party :- G.A.,Arun Kumar Sharma
Hon'ble Raj Beer Singh,J.
Counter affidavit filed by learned AGA is taken on record.
The present bail application has been filed by the applicant in Case Crime No. 528 of 2017, under Sections 302, 120B of IPC, Police Station Bewar, District Mainpuri with the prayer to enlarge the applicant on bail.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case merely on the basis of suspicion and previous enmity and that there is absolutely no evidence against applicant. It was submitted that there is no eye witness of alleged incident and there is also no such evidence that applicant was last seen with deceased. Similarly, no recovery has been shown from possession of applicant. Learned counsel further argued that there is undue delay in recording the statement of alleged witnesses Vijay Kumar, Preeti and Jyoti but even these witnesses have not stated that applicant was seen with deceased or that he was seen around the spot of incident. It was further stated that applicant is 71 year-old person and that he along with three sons has been implicated in this case merely on the basis of suspicion and previous enmity. It was also stated that co-accused Nahar Singh @ Nahru who was made accused during investigation, has already been granted bail by this Court in Criminal Misc. Bail Application No. 23650 of 2018, copy of which is annexed to the bail application. It was further submitted that applicant is languishing in jail since 10.08.2018 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for bail and argued that applicant is named in FIR. It was further submitted that there was motive on the part of applicant to commit murder of the deceased and that on the evening of previous day, deceased and applicant have consumed liquor together.
Considering the submissions of learned counsel for the parties, nature of allegations, period of custody and all attending facts and circumstances of the case, 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 applicant Lankush involved in aforesaid case be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate complainant or any prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted by court.
4. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case.
Order Date :- 28.11.2019 Mohit