Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32142 of 2021 Applicant :- Mintoo Opposite Party :- State of U.P.
Counsel for Applicant :- Babu Lal Ram,Sunil Kumar Misra Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Counter affidavit on behalf of the State, filed in Court today, is taken on record.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 5/2021, under Section 302 IPC, police station Phalawda, District Meerut with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has been falsely implicated in this case. It was submitted that applicant is son of deceased and he is not named in the FIR but during investigation, he has been falsely implicated on the basis of statements of some other persons. Applicant has no motive at all to commit murder of his father and there is no eye witness of alleged incident and that nothing has been recovered from the possession of applicant. It was further submitted that co- accused Sonu @ Sohanvir has already been enlarged on bail by co-ordinate Bench of this Court, copy of which has been produced and the same is taken on record. It has further been argued that the applicant is in judicial custody since 26.01.2021, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Perusal of record shows that there is no eye witness of alleged incident. As per prosecution version, often there had been quarrel between applicant and deceased and that on the day of incident at about 7.00 PM, applicant and co-accused were seen coming from the side of pond and later on dead body of deceased was recovered from that area. Applicant was not named in FIR and no recovery has been shown from the applicant and co-accused Sonu @ Sohanvir has already been enlarged on bail by co-ordinate Bench of this Court.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Mintoo involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the court below with law.
Order Date :- 20.12.2021 Anand