Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49629 of 2021 Applicant :- Sanjay Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Amir Khan Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No.34 of 2021, under Sections 302, 201, 120-B I.P.C., Police Station Khurja Dehat, District Bulandshahr, applied for bail.
Learned counsel for the applicant submits in following manner :-
(i) Applicant is innocent and has been falsely implicated in the present case; he has committed no offence; entire prosecution story is false and fake.
(ii) The applicant is not named in F.I.R. but his name came into light during investigation. He has no concern with the present case. The F.I.R. is delayed by one day without any proper explanation.
(iii) Inquest and post mortem of deceased have been done as unknown person. The applicant Sanjay Kumar is said to present in other room. The main allegation is against the co-accused Anil.
(iv) Nothing has been recovered from the possession of the applicant or his pointing out whereas the alleged knife has been recovered from the possession of co-accused Anil. There is no allegation against the applicant. The dead body of deceased was found in village Vagarai Khurd.
(v) The daughter of deceased is not said to be with her mother In F.I.R. First time her name came into light in statement of informant recorded under Section 161 Cr.P.C.. There is no evidence against the applicant, leading to conviction.
(vi) Applicant is in jail since 12.02.2021. There is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but conceded the factual submissions made by the learned counsel for the applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, role of applicant, manner in which incident took place, evidence collected by I.O. during investigation and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Sanjay Kumar be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities or case.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 20.12.2021 Manoj