Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20544 of 2018 Applicant :- Sanju Opposite Party :- State Of U.P.
Counsel for Applicant :- Siya Ram Verma,Deepak Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and learned A.G.A. for State.
It is contended by learned counsel for the applicant that as per prosecution story, the deceased was having love affair with the applicant and his brother Sonu simultaneously. Learned counsel for the applicant states that the version set up by the prosecution in the F.I.R., that the deceased was having love affair with the applicant and his brother apparently appears to be absurd and unbelievable and the reasons for committing the suicide is something different which has been suppressed by the informant, prima facie there is no evidence of any abetment or instigation on the part of the applicant. Learned counsel further contended that there is no likelihood of the conclusion of the trial in near future. It is further contended that the applicant has been falsely implicated due to ulterior motive. It is next argued that the applicant is neither a previous convict nor he has any previous criminal history and that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 19.03.2018. Learned counsel has lastly argued that the similarly situated co-accused person namely, Sonu has been granted bail by another Bench of this Court vide order dated 16.05.2018 passed in Criminal Misc. Bail Application No. 18252 of 2018, copy of which order has been produced before this Court and is taken on record.
Learned A.G.A. has opposed the bail prayer of the applicant.
Perused the first information report as well as averments contained in the bail application.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant Sanju involved in Case Crime No.53 of 2018, under Section 306 I.P.C., Police Station Sikandara, District Ramabai Nagar, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:
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 breach of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.
Order Date :- 30.5.2018 S.Ali