Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51721 of 2019 Applicant :- Ramvir Opposite Party :- State of U.P.
Counsel for Applicant :- Rajeev Kumar Singh Parmar Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the FIR is delayed and the same has been lodged after 18 days of the alleged incident. The FIR has been lodged against the applicant on the basis of suspicion. The dead body of the deceased was found on 17.7.2019 in the circle of police station Ecotech-III. In FIR it has been mentioned that on 15.7.2019 the deceased left the house without informing to his wife and thereafter his dead body was found on 17.7.2019. It has further been submitted that in the statement of Savita, wife of the deceased it has come that on 15.7.2019 the deceased after taking meal had gone with the applicant. The wife of the deceased has made allegation against the applicant for committing the murder of the deceased. There is no eye witness of the alleged occurrence. As per FIR the deceased left his house alone. In FIR it has not been mentioned that the deceased had gone with the applicant. It has further been submitted that there was no motive to the applicant to commit the murder of the deceased. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. The applicant has not committed the alleged offence. He has falsely been implicated in the present case only on the basis of suspicion. The applicant has no criminal history and is in jail since 6.8.2019.
Per contra; learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Ramvir involved in Case Crime No. 410 of 2019, under section 304, 201 IPC, P.S. Ecotech-III, District Gautam Budh Nagar be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant will not tamper with the evidence.
2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 27.11.2019 Masarrat