Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48710 of 2018 Applicant :- Niranjan Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Shukla Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed any offence. He is not involved in the present matter. FIR is lodged on the basis of suspicion only. Referring to the annexure no. 2, it is further submitted that on 06.10.2018, informant himself had moved an application before the police concerned mentioning therein that on 05.10.2018 at about 04:00 hours his mother the deceased aged about sixty years had gone to graze the goat. She did not return in the house and her dead body was lying by the side of the canal in the field of sugarcane. It is further submitted that if he was aware about the commission of present offence committed by the applicant, this fact must have been mentioned in the information given to the police concerned before lodging the FIR itself. It is further argued that till date, Investigating Officer has not recorded the statement of sole witness Jitendra. It is also contended that applicant has no criminal antecedents. He is languishing in jail since 02.11.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and 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 the applicant Niranjan involved in Case Crime No. 347 of 2018, under Section 304 I.P.C., P.S. Kothibhar, District Maharajganj be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 default of any of the conditions enumerated above, complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 21.12.2018 Sanjeet