Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56812 of 2019 Applicant :- Pyare Lal Opposite Party :- State of U.P.
Counsel for Applicant :- Manoj Kumar Tripathi,Anand Prakash Dubey,Rahul Singh Dahiya,Sikandar Khan Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant Pyare Lal with a prayer to release him on bail in Case Crime No.168 of 2018, under Section 304 I.P.C., P.S. Hafizpur, District Hapur during pendency of the trial.
It is argued by the learned counsel for the applicant that applicant is brother of deceased and he has been implicated on account of statement of accused Prem Chand and Manish recorded under Sections 161 Cr.P.C. There is no evidence against the applicant that he has beaten the deceased. Accused Premchand and Manish are family member of Naresh, First Information Report has been lodged on 10.11.2019 against Naresh. The deceased who has student of B.A. II year was being harassed by named accused Naresh but chargesheet has not been submitted against him. There is no eye witness and no motive to kill her sister/deceased. On the statement under section 161 Cr.P.C. no case is made out against the applicant and there is no involvement of the applicant in the present case. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 21.10.2019 and in case he is enlarged on bail he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Pyare Lal be released on bail in Case Crime No.168 of 2018, under Section 304 I.P.C., P.S. Hafizpur, District Hapur, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 17.12.2021/SKD