Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25087 of 2019 Applicant :- Sandeep Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Raghubir Singh,Hemendra Pratap Singh 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. He has not committed the present offence. Entire facts mentioned in the FIR are false. Although applicant was travelling along with deceased yet the applicant also received injuries in the said incident. Thereafter the deceased and applicant both were taken to the hospital. It appears improbable and unbelievable that applicant would cause injury to himself in left side of shoulder only to save himself. Referring to the injury sheet prepared in regard to the applicant in the hospital concerned, it is further argued that injury found on the body of the applicant is grievous in nature. Recovery is also false and planted. Referring to the place of recovery, it is further argued that it was accessable to the general public, which cannot be relied upon. There is no other cogent evidence to connect the applicant with the present matter. The applicant has no criminal history. He is languishing in jail since 11.02.2019 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 entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused 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 Sandeep Kumar involved in Case Crime No.
87 of 2019, under Section 302 IPC, P.S. Farah, District - Mathura 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 following conditions. Further, before issuing the release order, the sureties be verified.
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.
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 :- 24.6.2019 Swati