Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7738 of 2019 Applicant :- Raju Opposite Party :- State Of U.P.
Counsel for Applicant :- Kuldeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri C.P. Singh, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 24.9.2018 against seven accused persons, namely Raju, Ankur, Devi, Meena, Neeraj, Neetu and Monika alleging that on 22.9.2018 they assaulted killed Narendra by administering poison forcibly. According to postmortem report, cause of death could not be ascertained, viscera was preserved.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There are general allegations against all accused persons. No specific role was assigned against any accused persons. Several affidavits of villagers annexed with bail application, they stated that deceased has committed suicide herself. All accused persons has been falsely implicated. After thought, the false story was developed with legal consultation due to previous enmity.
F.I.R. was lodged after two days of incident without explaining any delay. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 28.9.2018 (near about five months) having no criminal history 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.
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 Raju involved in Case Crime No. 246 of 2018, under Sections 328, 302, 34 IPC, Police Station Khurja, District Bulandshahr 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 :- 25.2.2019 A. Singh