Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15662 of 2019 Applicant :- Ranjeet Opposite Party :- State of U.P.
Counsel for Applicant :- Sheshadri Trivedi,Shri Satish Trivedi, Senior Advocate,Vikas Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Rejoinder affidavit filed by learned counsel for the applicant, is taken on record.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to some ulterior motive. He further submitted that applicant is not named in the FIR and the name of the applicant is disclosed on the statement of the unknown informer and on the basis of this information, statement of Rajbir and Surendra Singh recorded under Section 161 Cr.P.C. on 23rd August, 2018. Learned counsel further stated that it is amazing that witnesses Rajbir and Surendra Singh who are the residents of the same village, kept mum for two months. Nothing incriminating article recovered from the possession of the applicant and there is no motive assigned against the applicant by the prosecution. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, applicant has no previous criminal history and he is in jail since 26.10.2018.
Learned A.G.A. opposed the prayer for bail and submitted that the role of the applicant is a contract killer.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant, namely, Ranjeet involved in Case Crime No. 390 of 2018, under Sections 302,120-B IPC, Police Station Bahjoi, District Sambhal, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.11.2019 Ankita