Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20288 of 2018 Applicant :- Rahul Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajatshatru Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present bail application has been filed for enlarging the applicant on bail in Case Crime No.258 of 2018, u/s 306 IPC, P.S. Friends Colony, District Etawah.
Learned counsel for the applicant has contended that one Reeta, sister of the applicant had an affair with the deceased, and only because he is brother of Reeta, he has been named in the First Information Report. He has further contended that from the bare perusal of the suicide note which was found in the pocket of the deceased, the deceased has blamed one Khushi and her mother for abetment and for changing the mind of Reeta. It is next contended that there is no evidence on record of any abetment on the part of the applicant which might have prompted her to committed suicide. It is further contended that applicant has no concern with the commission of alleged offence and he has been falsely implicated. It is next contended that prior to the lodging of the First Information Report, the applicant did not have any previous criminal history, and in case he is released on bail, he will not misuse or abuse the liberty given to him. It is lastly contended that there is no likelihood of the trial being concluded in the near future. The applicant is in jail since 5.4.2018.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, the Court is of the view that it is a fit case for bail.
The bail application stands allowed.
Let the applicant-Rahul Kumar involved in aforesaid case crime be released on bail on furnishing a personal bond and two heavy 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 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 appear before the police station concerned on 15th of every month to show his good conduct and behaviour.
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 Shalini