Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40542 of 2019 Applicant :- Prins Opposite Party :- State Of U.P. Counsel for Applicant :- Manoj Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, Sri D.N. Tiwari, learned AGA for the State and perused the record.
According to prosecution case, F.I.R. was lodged against Praveen Tomar (Husband of Sandhya) and Urmila (Mother of Sandhya) alleging that due to dispute between the deceased (Sandhya) and her in-laws, they killed her by shot fire on 15.11.2018 and dead body was found in the house of the deceased where she was living alone. During investigation, it was found that with the help of Urmila and Krishnapal, Amit Gunjar had killed her by shooting with firearm and a country made pistol was also recovered on the pointing out of Amit Gunjar. During investigation, it was also found that deceased was killed by Amit Gunjar, who was hired by the family members of the husband.
Learned counsel for the applicant submitted that the applicant is languishing in jail since 27.5.2019 (more than four months) having criminal history of one case which has been explained. During investigation, it was also found that the deceased was the lady of bad character and some persons had killed her and the applicant has been falsely implicated in this case. The case of the applicant is distinguishable from the case of co-accused- Amit Gunjar. There is no independent witness against the applicant. There is no eye witness account against the applicant and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
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 also admitted that the case of the present applicant is identical to the case of co-accused-Sonu @ Awanish Kumar and Smt. Arti, who have been enlarged on bail and the applicant is not named in the F.I.R.
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 applicant Prins involved in Case Crime No. 984 of 2018, under Section 302, 120B IPC, Police Station-Dadri, District- Gautam Budh Nagar 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 :- 30.9.2019 P.P.