Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13775 of 2019 Applicant :- Lukka @ Suneel @ Settthi Opposite Party :- State Of U.P.
Counsel for Applicant :- Jai Shanker Audichya,Kamal Kaushal Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Counter affidavit filed on behalf of the State is taken on record.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has not committed present offence. It is a case of circumstantial evidence. Applicant is not named in the F.I.R., which was lodged on 14.8.2018 itself against the co-accused Arun. Referring to the statement of Suraj recorded on 6.11.2018, it is further submitted that for the first time name of the applicant came to surface on 6.11.2018. If the applicant was involved in this matter and witness Suraj had seen the applicant along with the deceased on 11.8.2018, this fact must have come in the F.I.R. itself, which was lodged on 14.8.2018. It is next contended that the witness Suraj, who is the brother of the deceased, has not disclosed the last seen evidence at an earlier stage. This fact creates doubt about the truthfulness of the statement of the witness Suraj. It is further contended that nothing has been recovered from the possession of the applicant. The applicant does not have any previous criminal history. He is languishing in jail since 15.8.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the 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 Lukka @ Suneel @ Settthi involved in Case Crime No. 1172 of 2018 under Sections 302, 201 I.P.C., Police Station Phase-III, District Gautam Budh Nagar 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. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 him 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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 31.7.2019 ss