Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40880 of 2017 Applicant :- Rakesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Prakash Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Ram Prakash Dwivedi, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.398 of 2017, under Section 306 IPC, Police Station Malpura, District Agra, with the prayer to release him on bail.
Learned counsel for the applicant states that the applicant has been falsely implicated in this case by the first informant. The first information report lodged quite belatedly after twelve days of the incident. It is next contended that according to prosecution, the applicant is stated to have illicit relation with the wife of the deceased which was opposed by him, yet the applicant and his wife did not mend their ways, due to this reason, the son of the informant committed suicide by electrocuting himself. Learned counsel for the applicant further states that prima-facie offence under Section 306 IPC is not made out against him. Lastly, it is submitted that the applicant is in custody since 17.8.2017.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Rakesh, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that :-
(1) The applicant shall not tamper with the prosecution evidence;
(2) The applicant shall not pressurize the prosecution witnesses;
(3) The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 24.4.2018 Hasnain