Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 81 of 2021 Applicant :- Om Prakash Opposite Party :- State of U.P.
Counsel for Applicant :- Bhuvnesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.
This bail application has been preferred by the accused-applicant- Om Prakash, who is involved in Case Crime No. 343 of 2020, under Sections 302, 120B, I.P.C., Police Station- Noorpur, District- Bijnor.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in this case; the applicant is not named in the F.I.R.; that the name of the applicant came into light in the confessional statement of the co-accused- Sunita who is the wife of the deceased- Sonu alias Som Veer; that nothing incriminating has been recovered from or on the pointing out of the applicant; that neither there was any motive for the applicant to commit the present offence nor there is any independent witness of the alleged incident; that from the allegations made in the F.I.R. no offence is made out against the applicant. Submission of learned counsel for the applicant is that the applicant has helped the deceased in tracing out his wife- Sunita, who had eloped with co-accused Rocky and that is why the co-accused Sunita has implicated the applicant in this case. It is lastly submitted that the applicant is languishing in jail since 2.11.2020 and in case he is released on bail he will not misuse the liberty of bail.
Learned A.G.A has vehemently opposed the prayer for grant of bail.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicant is entitled for bail.
Let the applicant involved in the 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:-
1. The applicant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the 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.
3. However, if due to Covid-19 pandemic, the Sub-ordinate Court is under lockdown, the applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused till furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts is restored.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
5. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is made clear that in the event the Sub-ordinate Court is functional as usual then the normal procedure/mode of filing bail bonds and two sureties each in the like amount to the satisfaction of the Court concerned will be adopted.
Order Date :- 6.1.2021 S.Verma Digitally signed by Justice Umesh Kumar Date: 2021.01.08 16:33:05 IST Reason: Document Owner Location: High Court of Judicature at Allahabad