Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20382 of 2018 Applicant :- Prabhat Tripathi Opposite Party :- State Of U.P.
Counsel for Applicant :- Nitin Kumar,Manish Tiwary Counsel for Opposite Party :- G.A.,Kartikeya Saran
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Kartikeya Saran, learned counsel appearing for the complainant, learned A.G.A. for the State and perused the record.
According to the prosecution case, the First Information Report was lodged on 28.04.2017 alleging that Amit Kumar @ Nilu, son of the complainant, was found dead. According to post-mortem report, viscera was preserved and according to chemical examination report, ammonia phosphate was found on the body of the deceased. During the investigation, it was found that there was an illicit relation of Smt. Manju Mishra with the deceased and Smt. Manju Mishra with cooperation of the applicant committed this crime.
Learned counsel for the applicant submits that the applicant is languishing in jail since 23.02.2018 (more than three months) having no criminal history. The applicant has been falsely implicated in the present case. He is not named in the F.I.R., his name was disclosed after one month of the incident due to suspicion only and there is no recovery on the pointing out of the applicant. There is no independent witness as well as eye witness account against this accused.
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 and in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.
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 the applicant Prabhat Tripathi involved in Case Crime No. 122 of 2017, under Sections 302, 120B and 328 IPC, Police Station Shamashabad, District Farrukhabad 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 :- 29.5.2018 OP