Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25172 of 2019 Applicant :- Raj Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Nasiruzzaman,Mohd. Irfan Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. Though he is named in the F.I.R. yet no specific role has been assigned to him to attract the offence under Section 302 IPC. Referring to statement of witnesses recorded during investigation it is also submitted that only role of exhortation has been assigned to the applicant. The applicant has no criminal history. It is next contended that if contents of F.I.R. are taken into consideration, offence under Section 302 IPC is attracted against the co-accused. He is languishing in jail since 23.2.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
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, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Raj Kumar involved in Case Crime No. 33 of 2019, under Sections 302, 323, 34 IPC, P.S. Gabhana, District - Aligarh 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 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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 24.6.2019/safi