Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24389 of 2018 Applicant :- Mukesh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Gauri Shanker Mishra,Rajesh K.S. Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The argument is that the applicant is not named in the first information report. After five months of the incident, Lal Singh and Beekam Pal, have taken the name of the applicant, as the person who caused the death of the deceased, Mahipal and on their statement applicant has been arrested and is in jail since 17.12.2017. There is no other evidence against him.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Mukesh Kumar involved in Case Crime No.0257 of 2017, under Sections 302, 201 IPC, Police Station Lodha, District- Aligarh 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 they are accused, or suspected of the commission of which they are 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 30.5.2019 SS