Applicant - Mangal Singh @ Ashok seeks bail in Case Crime No. 50 of 2016, under Sections 147, 148, 149, 364, 302, 201, 120B IPC, Police Station Badalpur, District Gautambudh Nagar.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
It is submitted by learned counsel for the applicant that an F.I.R. was lodged by Gram Pradhan, Rambawar on 22.2.2016 that unknown dead body of female was lying in the canal. The applicant has been implicated on the information given by informer on 17.5.2016 after three months of the alleged incident. The applicant has been arrested by the police on 17.5.2016 and on the basis of confessional statement made before the police he has been made an accused in the present case. There is no direct evidence against the applicant to connect with the commission of crime. The applicant has no criminal history. He has been falsely implicated due to village partybandi merely on suspicion at the instance of information of an informer. No incriminating article has been recovered from the possession of the applicant. The applicant is in jail since 17.5.2016 and has no criminal history to his credit deserves to be released on bail. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has contended that the victim was done to death in a very gruesome and atrocious manner, therefore, the applicant is not entitled for bail. In case the applicant is allowed to be released on bail, he will tamper with the prosecution evidence and flee away from the judicial process.
Having considered the nature of accusation, severity of punishment but without expressing any opinion on the merits of the case, let the applicant Mangal Singh @ Ashok involved in 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. He will cooperate in the trial bonafidely without seeking adjournments.
3. He shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 9.8.2016 RU