Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34088 of 2019 Applicant :- Naresh Opposite Party :- State Of U.P.
Counsel for Applicant :- Raj Singh,Yogendra Singh Bohra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri R.K. Singh, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against unknown person alleging that on 12.3.2019 wagon-r car bearing no. UP14GT8609 with driver Sahil Khan was missing. Later on dead body of driver Sahil Khan with said car was recovered on road side. During investigation, names of Rajiv Yadav, Vijay Yadav, Kunwar Pal were surfaced. Statement of co-accused Rajiv Yadav was recorded, he stated that Kunwarpal killed the deceased and one Naresh was also indulged in this crime. Towel (gamachha) used in the crime was recovered from said car.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There is general allegation against the applicant. Applicant was not named in the F.I.R. During investigation, the name of applicant was disclosed by co- accused Rajiv Yadav in his confessional statement before the police personnels after thought and due legal consultation. There is no independent witness and no legal evidence against the applicant except the confessional statement of co-accused Rajiv Yadav before the police personnels. Main role of assault was assigned to co- accused Kunwarpal. The case of applicant is distinguishable from co-accused Kunwarpal. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 28.3.2019 (near about five 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.
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 applicant Naresh involved in Case Crime No. 256 of 2019, under Sections 302, 394, 411, 34, 120-B IPC, Police Station Sikandarabad, District Bulandshahar 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 :- 22.8.2019 A. Singh