Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7389 of 2018 Applicant :- Mukesh Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Dubey Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 350 of 2017 under Sections 147, 148, 149, 302, 307, 504 and 506 I.P.C. & 7 Criminal Law Amendment Act, P.S. Bah, District Agra.
According to F.I.R., the prosecution case is that on 19.9.2017 at 5.30 p.m., this occurrence took place in which the deceased was murdered by firing. The fire was made by Annu, Balkendra and Alkendra who were main accused. Present accused along with some co-accused had surrounded the deceased and had caught hold of him.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; present accused has not been assigned the role of making fire upon the deceased; he has been shown only holding the deceased and encircling him; the accused applicant is in jail since 25.11.2017; if released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
In view of the above arguments, looking to the quantum of the punishment, nature of the offence and the period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Mukesh involved in aforesaid crime 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 with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.2.2018 A. Mandhani