Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16252 of 2016 Applicant :- Madan Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Bharti,Dr. C.P. Upadhyay,Rama Shankar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Case has been called out in the revised list.
Heard Sri Rama Shankar Mishra, learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 77 of 2015, u/s 147, 148, 149, 364, 302, 201, 120B, 394, 411 IPC, P.S. Shahpur, District Muzaffarnagar with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that son of the informant was missing from 13.3.2015, he gave an information on 16.3.2015 that on 13.3.2015 co-accused Manoj had called his son along with vehicle, after that his whereabouts are not known; dead body was recovered on 14.3.2015 and thereafter, F.I.R. was lodged after three days on 16.3.2015. In the F.I.R. it is alleged that when informant's son left home he had telephonic conversation with first informant and he informed that co-accused Manoj, Madan, Pappu and Raju are also present along with him; learned counsel further submits that co-accused Manoj and Pappu have already been enlarged on bail in Bail Application nos. 39466 of 2015 and 40054 of 2015 respectively; the case rest on circumstantial evidence and according to prosecution, recovery of Purse of the deceased has been shown after five months from the applicant on which no credibility can be attached; the applicant is in jail since 20.3.2015.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Madan involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.2.2019 Dhirendra/