Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44717 of 2017 Applicant :- Munna Mushar Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohammad Alam Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against unknown persons alleging that in intervening night of 22/23.4.2017 six months' daughter of complainant Babita wife of Rajesh Pal was kidnapped by some unknown persons. Subsequently on 20.5.2017 she was recovered from the possession of Rishikesh Kumar, Priya Sahani and Munna who were present in the house of Rishikesh Kumar. Rishikesh Kumar stated that child was kidnapped by Munna and he sold the child to Rishikesh Kumar for Rs.25,000/-. Co-accused Munna stated that he has received Rs.12,500/-.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 21.5.2017(more than ten months) having no criminal history; he has been falsely implicated in the present case; there is no evidence against this accused except the confessional statement of this accused and co-accused before police personnels. there was no independent witness; no identification parade was conducted; co-accused Priya Sahani and Rishikesh Kumar have been enlarged on bail by coordinate Bench of this Court vide order dated 18.8.2017 passed in Criminal Misc. Bail Application No. 29793 of 2017 and vide order dated 6.11.2017 in Criminal Misc. Bail Application No. 38627 of 2017 respectively; in case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, 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 the applicant has no criminal history.
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 view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Munna Mushar involved in Case Crime No.563 of 2017, under Section 363, 368, 311, 120B IPC, Police Station Kerakat, District Jaunpur 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 :- 28.3.2018 P.P.