Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49584 of 2018 Applicant :- Sanjesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Brajesh Kumar Solanki Counsel for Opposite Party :- G.A.,Lal Prabhakar Singh
Hon'ble Harsh Kumar,J.
List revised. No one is present for the first informant.
Heard Sri Brajesh Kumar Solanki, learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contended that applicant has been falsely implicated; that as per averments made in F.I.R. there was some dispute over water drainage between ladies of family of first informant and applicant, following which applicant and co-accused persons intervened and applicant allegedly fired at first informant, which hit his young niece Kumari Sanjana, resulting in her death; that applicant had no motive to cause death of Kumari Sanjana and the incident in question is alleged to have taken place as a matter of free fight; that in any case, the offence of applicant if at all may be covered by provisions of section 304 IPC; that applicant has no criminal history; that the applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 9.4.2018.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Sanjesh be released on bail in Case Crime No.173 of 2018, under Sections 302, 504 IPC, P.S. Sahaswan, District Budaun on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 22.1.2019 Tamang