Court No. - 50 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10706 of 2018 Applicant :- Mukesh Opposite Party :- State Of U.P. Counsel for Applicant :- Dr. Arun Srivastav,Amit Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged by Mukesh Babu (brother of deceased) against five accused persons, Ajbhan, Prem Pal, Mukesh, Collector, Shri Om; alleging there was illicit relation of deceased Naresh Pal with Rubi- daughter of Prem Pal, hence, they were nursing grudges against the victim and Prem Pal - father of Rubi and Ajbhan with the help of other accused persons, killed Naresh Pal on 1.9.2017 at 8.00 P.M. Later on, the sword was also recovered from the Well on the pointing out of Ajbhan.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. In his statement, the complainant has stated that Mukesh, Collector and Shri Om had caught hold the deceased and co-accused Prem Pal and Ajbhan assaulted the deceased by sharp edged weapons. Thus, the role of present applicant is distinguishable from co- accused Prem Pal and Ajbhan. Offences levelled against the applicant are not attracted in the present case. There was neither intention to kill nor accused had knowledge about death. There is no independent witness and no legal evidence against the applicant. The applicant is languishing in jail since 4.9.2017 (more than four years and one and half 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 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. He has also not disputed that main role and enmity have been fastened upon co-accused Ajbhan and Prem Pal.
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 Mukesh involved in Case Crime No. 142 of 2017, under Sections 147, 148, 302/34, 506 IPC, Police Station Bisharatganj, District Bareilly, 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 :- 28.2.2019 Iss/