Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15272 of 2018 Applicant :- Mangali Alias Udaiveer Opposite Party :- State Of U.P.
Counsel for Applicant :- Brajesh Kumar Solanki Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Vijay Bahadur Yadav, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged on 16.1.2018 against two accused persons, namely Devendra and Ramveer alleging that on 25.12.2017 they assaulted Mahaveer, he received injuries, resultantly died. According to postmortem report, cause of death was strangulation and viscera was preserved. According to statement of one Avanesh, deceased and four accused persons namely Devendra, Santosh, Pappu and Mangli consumed wine, thereafter this incident was done by Devendra with the help of other accused persons.
It is submitted by learned counsel for the applicant that applicant was not named in the F.I.R. After one month of incident, the name of the applicant was disclosed by Avanesh and Munendra in his statement, they are the witness of Panchayatnama. After thought, the false story was developed with legal consultation due to previous enmity. The applicant is innocent and has been falsely implicated in the present case. Offences levelled against the applicant are not attracted in the present case. There is no independent witness against the applicant. He is languishing in jail since 14.2.2018 (more than two months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, 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 Mangali Alias Udaiveer involved in Case Crime No. 39 of 2018, under Sections 302, 201 IPC, Police Station Uzahni, District Budaun be released on bail on furnishing a personal bond and two 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 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 court below shall be at liberty to cancel the bail.
Order Date :- 25.4.2018 A. Singh