Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38459 of 2018 Applicant :- Roop Kishor Opposite Party :- State Of U.P. Counsel for Applicant :- Santosh Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Roop Kishor, who is in jail since 28.12.2017 in connection with Case Crime No. 566 of 2017, under Sections 302,506 IPC, P.S. Hayatnagar, District Sambhal.
Heard Sri Ramesh Kumar Pandey, Advocate holding brief of Sri Santosh Singh, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned AGA alongwith Sri Abhinav Tripathi appearing for the State.
The submission of the learned counsel for the applicant is that the case rests on circumstantial evidence. The entire facts and circumstances appearing against the applicant are an evidence of last seen, which too is also not in very incriminating circumstances; the other is of an extra judicial confession made to one Jaybeer S/o Raghubeer. It is submitted that apart from the aforesaid two circumstances there is nothing else that appears to connect the applicant to the crime. On the other hand in the FIR, there are nominated accused, with no proximate connection to the circumstances but the name of the applicant does not in any way figure in the FIR .
Learned A.G.A. has opposed the prayer for bail but does not dispute the fact that the only evidence against the applicant is of last seen and an extra judicial confession.
Considering the facts and circumstances of the case, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that the only evidence is of last seen and extra judicial confession but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Roop Kishor involved in Case Crime No. 566 of 2017, under Sections 302,506 IPC, P.S. Hayatnagar, District Sambhal be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 27.10.2018 BKM/-