Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40624 of 2018 Applicant :- Sailesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Sanehi Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Sunil Kumar, Advocate holding brief of Sri Ram Sanehi Yadav, learned counsel for the applicant, Sri Mahendra Singh, learned counsel for the informant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Tahar Singh in Case Crime No.32 of 2018, under Sections 302, 201 and 323 I.P.C., Police Station Malawan, District-Etah with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant is the brother-in-law (Devar) of the deceased. The allegations made against him are general in nature. There is no allegation of any illegal demand against the applicant. In the post mortem report, besides 90 per cent burn injuries, no other ante mortem injury has been found. The case of the applicant is distinguishable from that of husband of the deceased. It is submitted that co-accused Tahar Singh, the father-in-law of the deceased has already been enlarged on bail by me by an order dated 3.10.2018 passed in Criminal Misc. Bail Application No.31585 of 2018. Therefore, the applicant, who is in jail since 22.05.2018, having no criminal history to his credit, may also be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant, Sailesh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:- the applicant has been falsely implicated in the present case
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 26.10.2018 Hasnain