Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19337 of 2021 Applicant :- Pintoo Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Pintoo Kumar, in Case Crime No. 1479 of 2020, under Sections- 302, 201 I.P.C., P.S. Majhola, District- Moradabad.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 31.12.2020; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; first information report of this case crime number was got registered on 27.12.2020 by Smt. Naseem against Gautam, Laxmichand, Sunita and Rekha, with accusation of murder of Khurseed and lying of this shoes and muffler at their house; subsequently, statements of informant and other witnesses were got recorded, wherein, the repetition of contention of FIR was there; a further statement was taken with this fact that applicant was seen driving bullet, whereupon, Khurseed and Chandbabu was pillion riders; this occurrence was said to be of 25.12.2020, in the statement of Nausad and on the basis of this, applicant was apprehended and on the basis of alleged confessional statement and disclosure of fact, the recovery of same shoes and muffler of deceased was shown to be made on 31.12.2020 by I.O. whereas lying of those shoes and muffler was said to be at the home of accused persons on 27.12.2020, itself; it was a fabricated one; except confessional statement of accused made to police, no evidence is there. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not oppose this fact that the applicant is neither named in FIR nor he is of any criminal antecedent.
Having heard learned counsels for both sides and gone through materials placed on record as well as considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Pintoo Kumar, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. 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.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 16.8.2021 Kamarjahan