Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31933 of 2017 Applicant :- Praveen Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashwini Kumar Srivastava,Brijesh Sahai Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged on 31.3.2017 against four persons namely, Praveen, Arjun, Bablu Pandit and one unknown alleging that on 29.3.2017 they assaulted Rinku with sticks, rod(saria), fists and Kicks. He received two head injuries and died on 17.5.2017(after one and half month).
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 2.4.2017(about one year and eleven months) having no criminal history. He has been falsely implicated. General role is alleged to have been assigned to all the accused. Nothing has been recovered from the applicant. There is no independent witness. There is no possibility to get this case decided in near future. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence 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 applicant Praveen involved in Case Crime No.223 of 2017, under Section 302 IPC, Police Station T.P. Nagar, District Meerut 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 :- 26.2.2019 P.P.