Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39260 of 2019 Applicant :- Raju Adward Alias Raja Alias Adward Raju Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Vidhu Bhushan Singh Counsel for Opposite Party :- G.A.,Ankit Srivastava
Hon'ble Umesh Kumar,J.
Applicant- Raju Adward @ Raja @ Adward Raju Singh seeks bail in Case Crime No. 146 of 2019 under Sections 302 IPC , Police Station Sadar Bazar, District Mathura.
Heard learned counsel for the applicant and learned AGA for the State.
It has been argued by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case; that there is no eye witness of the incident or evidence suggesting involvement of the applicant in commission of the offence; that in the post mortem report, the doctor has noted cause of death due to asphyxia as a result of strangulation; the witnesses in their statements recorded under section 161 Cr.P.C have disclosed the name of the applicant on the basis of suspicion; submission is that report of the Medical Officer, sent by the Jail Superintendent, Mathura indicates that applicant is an old man suffering from many serious diseases; besides above submissions, the circumstances which according to learned counsel for the applicant led to the false implication of the accused-applicant has also been tried to be touched upon at length; It has been further submitted that applicant is in jail since15.5.2019 having no other criminal history to his credit and in the event, indulgence is granted, the applicant shall not misuse the liberty.
Bail has been opposed by learned AGA on behalf of the State.
The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.
Without expressing any opinion on the merits of the case, let the above mentioned applicant involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 18.12.2019 Shahid