Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46671 of 2017 Applicant :- Patiram Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Vashistha Counsel for Opposite Party :- G.A.
Hon'ble Ravindra Nath Kakkar,J.
Supplementary affidavit filed on behalf of applicant is taken on record.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
The applicant Patiram seeks bail in Case Crime No. 308 of 2016, under Sections 302, 120-B I.P.C. , Police Station-Soron, District-Kasganj.
It is contended by learned counsel for the applicant that applicant has been falsely implicated in this matter. It is next contended that no specific role has been assigned to the applicant except the conspiracy in commission of the alleged crime. It is next contended that applicant is brother of co- accused Surajmukhi. It is next contended that co-accused Surajmukhi has an illicit relation with co-accused Jagdish. It is next contended that during investigation from the statement of the witnesses it has come that deceased had died due to snake bite. It is further contended that there is no credible evidence against the applicant. It is further contended that nothing incriminating material has been recovered from the possession of the applicant. It is lastly submitted that the applicant is in jail since 11.08.2017 and the applicant has no any criminal antecedents except the present one.
Per contra, learned AGA has opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary. However, he admitted that accused-applicant has no criminal history.
Seeing the facts of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record, without expressing any opinion on merits of the case, I think it is a fit case for bail.
Let the applicant Patiram involved in Case Crime No. 308 of 2016, under Sections 302, 120-B I.P.C. , Police Station-Soron, District-Kasganj, be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant shall co-operate in the investigation.
2. The applicant shall not tamper with the prosecution evidence.
3. The applicant shall not pressurize the prosecution witnesses.
4. The applicant shall appear on the date fixed by the trial Court.
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 :- 29.11.2017 AKT