Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15947 of 2018 Applicant :- Raju Opposite Party :- State Of U.P.
Counsel for Applicant :- Sudhir Dixit,Anupam Shyam Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against unknown persons alleging that on 03.01.2015 Ajay Kumar aged about 9 years was missing; subsequently on the statement of complainant the name of four accused persons, namely, Babulal, Manoj Kumar, Dinesh Narvariya and Raju s/o Tejpal were surfaced; it was found that Manoj Kumar, Dinesh Narvariya were not indulged in this incident; accused Raju s/o Vijay, Bhanu and Rannu were indulged in this crime, they kidnapped Ajay and killed him; after investigation charge-sheet has been submitted against Gulab, Raju s/o Vijay, Raju s/o Tejpal and Rannu @ Ranu @ Ranveer under Sections 364A, 302 and 201 I.P.C.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; the applicant is not named in the F.I.R; the name of this accused was disclosed in the first statement of the complainant thereafter complainant filed a complaint case and no name of this accused was disclosed at that time and after one year on the basis of suspicion the name of this accused was surfaced thereafter in the confessional statement of Ghasi Ram and Radhey Shyam the name of this accused was disclosed; there is no legal evidence against the applicant; there is no independent witness against the applicant; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 10.11.2017 (more than five and half months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.
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 the applicant Raju involved in the Case Crime No. 21 of 2015, under Sections 364-A, 302, 201 I.P.C., P.S. Hathras, District Hathras be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 :- 30.4.2018 A. Tripathi