Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48010 of 2018 Applicant :- Sanju Opposite Party :- State Of U.P.
Counsel for Applicant :- Jai Shanker Malviya,Mohd. Hasham,Rama Shankar Mishra Counsel for Opposite Party :- G.A.,N/A,Safiullah
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No. 168 of 2018 under Sections 302/34 I.P.C., P.S. Asmouli District Sambhal (Bheem Nagar) The contention of the learned counsel for the applicant is that the accused was not named in the FIR. He is absolutely innocent and has been falsely implicated in the present case due to ulterior motive. He further submitted that name of the present accused had surfaced during investigation. An application was filed by the complainant after 21 days of the incident in which the present accused and the co-accused Sheeshpal and Indrajeet were suspected that they had committed the crime. He further submitted that the co-accused Sheeshpal and Indrajeet who were having similar role, have already been enlarged on bail vide orders dated 17.01.2019 & 12.11.2018 passed by the another Bench of this Court in Criminal Misc. Bail Application Nos. 49568 of 2018 & 42250 of 2018.
He has placed reliance in the case of Data Ram Vs. State of
U.P. and others, 2018(3) SCC 22. The accused is languishing in jail since 29.05.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Sanju be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
i) The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
ii) The applicant will not tamper with the witnesses.
iii) The applicant will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 25.7.2019 Shanu