Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6999 of 2016 Applicant :- Rakesh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Chandra Srivastava,Alok Kumar Singh,Sunita Sharma Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and learned A. G. A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 598 of 2015, under Sections-302, 201 and 120B IPC, P. S.-Modi Nagar, district- Ghaziabad and is in jail since 15.8.2015, is seeking enlargement on bail during the trial.
Learned counsel for the applicant has submitted that the applicant has falsely been implicated in the present case by the deceased's nephew who had lodged the F. I. R. of the incident only on the basis of suspicion after the deceased Awadhesh Sharma, who was employed as a watchman in the office of property dealer jointly run by Mohit and Sachin, was found murdered in front of the office. He has next submitted that the alleged recovery of the deceased's mobile phone on the alleged pointing out of the applicant, had apparently been fabricated by the police as the aforesaid recovery has not been witnessed by any independent person. He has also submitted that there is neither any direct nor circumstantial evidence on record indicating at the complicity of the applicant in the commission of the aforesaid crime. He has lastly submitted that since the applicant who has no criminal antecedents to his credit and is in jail, is entitled to be released on bail.
The prayer for bail has vehemently been opposed by learned A. G. A.
Considering the submissions made by learned counsel for the parties, this Court is of the view that the applicant has made out a case for grant of bail.
Without expressing any opinion, let the applicant, Rakesh Kumar be released on bail in Case Crime No. 598 of 2015, under Sections-302, 201 and 120B IPC, P. S.-Modi Nagar, district-Ghaziabad 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:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him;
(b) 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.
Order Date :- 23.8.2018 HR