Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54307 of 2021 Applicant :- Mahir Alias Lambu Opposite Party :- State of U.P.
Counsel for Applicant :- Yogendra Misra,Sanjay Singh,Suresh Chandra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Yogendra Misra, learned counsel for the applicant and Sri Ashwini Prakash Tripathi, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Mahir Alias Lambu with a prayer to release him on bail in Case Crime No. - 321 of 2021, under Section - 302 IPC, Police Station - Dhaulana, District - Hapur, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) against the FIR lodged on 9.8.2021, the appellant is in confinement since 15.9.2021;
(ii) the applicant claims to have cooperated in the investigation;
(iii) criminal history of one case has been shown of the year 2018 under Gambling Act;
(iv) charge-sheet has already been submitted yet there is no hope of early conclusion of the trial;
(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant, the FIR was lodged by the wife of the deceased against the unknown persons. No circumstantial evidence of last seen has emerged. Merely because one co-accused has stated that the deceased had told him that latter had to collect some money from the applicant it may never be enough to establish the prosecution story, inasmuch as, the deceased was not last seen with the applicant.
(vi) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime 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 shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 22.12.2021 Prakhar