Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7495 of 2018 Applicant :- Mukesh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Irfanul Huda,Syed Mohd. Khalid Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application filed on behalf of Mukesh Kumar in Case Crime No.812 of 2017, under Section 306 I.P.C., P.S. Bisalpur, District Pilibhit.
Heard Sri Irfanul Huda, learned counsel for the applicant and Sri Saqib Meezan alongwith Sri Vivek Dubey, learned AGA on behalf of the State.
The submission of the learned counsel for the applicant is that the story in the FIR is fabricated and does not disclose any positive evidence of abetment; that the case that the motorcycle of the deceased was detained by the police in connection with some wanting papers which led the applicant to ask the deceased for a sum of Rs.6,000/- that in turn drove the deceased to commit suicide is without any evidence and nothing more than of a figment of imagination of the informant in order to spare himself the embarrassment about the suicide by his son; that according to the applicant in fact the three friends had ventured out on the motorcycle which was detained by the police for want of papers and the police asked for a sum of Rs.6,000/- detaining the vehicle; that the deceased requested his father to give him the money which the father refused and slapped the deceased that led the deceased to commit suicide, a fact asserted in paragraph 11 of the affidavit; that with an identical allegation co-accused Rajesh Kumar has been admitted to the concession of bail by this Court vide order dated 15.02.2018 passed in Criminal Misc. Bail Application No. 5510 of 2018; and, that the applicant is a respectable young man with no criminal history who is in jail since 15.11.2017.
Learned AGA has opposed the plea for bail with the submission that it is a case of abetment by the applicant. However, he could not point out any positive evidence of abetment. In addition, he has very fairly placed before the Court the report of the Forensic Laboratory, U.P. Moradabad dated 06.12.2017 where the viscera of the deceased were sent, a perusal of which shows that nothing offensive was found on forensic analysis of the viscera. However, learned AGA does not dispute the factum of parity.
Considering the overall facts and circumstances, the gravity of the offence, the nature of allegations, the severity of punishment, the evidence appearing in the case, the plea of parity but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Mukesh Kumar involved in the aforesaid case be released on bail on executing a personal bond and furnishing 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.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 27.2.2018 Deepak