Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45615 of 2020 Applicant :- Ram Avtar And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicants Ram Avtar and Smt. Kiran Bala with a prayer to enlarge them on bail in Case Crime No. 163 of 2019, under Sections 364, 302, 120B, 201 I.P.C., Police Station Dilari, District Moradabad.
Learned counsel for the applicants has submitted that the applicants have been falsely implicated in the present case. The police after investigation has already filed charge sheet against the accused-applicants, hence, there is no question of applicants influencing the investigation. The applicants are not named in the first information report but their name have come into light in the statement of co- accused Shahid. One other co-accused namely Pintu having identical role has already been released on bail by this Court. It has further been submitted that the whole case is based on circumstantial evidence and there is no direct evidence against the applicants. There is no reliable evidence on the bass of which it can be inferred that the accused-applicants have been involved in the commission of offence. It has been submitted that a skeleton of child was recovered after four months from the date of incident and thereafter on the basis of rumour in the village against the applicants, the name of applicants have come into picture. Learned counsel for the applicants has further submitted that the applicants have no previous criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicants are enlarged on bail, the applicants shall not misuse the liberty of bail. The applicants have been in jail since 02.12.2019, hence, they are entitled to bail.
Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicants but could not dispute the aforesaid facts as argued by the learned counsel for the applicants. He has further submitted that after investigation, the police has already filed charge sheet in the matter.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicants involved in aforesaid case crime be released on bail on their furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicants will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that applicants are abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicants will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicants will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.
Order Date :- 6.1.2021 sailesh