Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24841 of 2021 Applicant :- Sachin Opposite Party :- State of U.P.
Counsel for Applicant :- Om Narayan Pandey Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State 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. It is further argued that FIR was lodged against unknown persons by the wife of the deceased on the day of incident itself. For the first time name of the applicant surfaced in the statement of the witness Deepu @ Tushar. Referring to the aforesaid statement as well as statement of the other witnesses it was further argued that these witnesses have only shown suspicion against the applicant. There is no direct or indirect evidence to connect the applicant with the present matter. It was also argued that confessional statement said to have been made by the applicant cannot be read in evidence. Thus, it is a no evidence case. He is languishing in jail since 09.12.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, complicity of the accused, scrutinizing the facts mentioned in the FIR, statement of witnesses recorded under Section 161 Cr.P.C. and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Sachin involved in Case Crime No. 629 of 2020, under Sections 302, 120-B I.P.C. P.S. Kotwali, District Shahjahanpur be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions :
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
6. The party shall file self attested computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 30.7.2021 Sachdeva