Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the FIR of the alleged incident was lodged against 3 unknown persons on 16.10.2017 by Kabir Kumar, son of the deceased. The name of the applicant came into light in the information of the informer on 30.5.2018 after 7 months of the alleged incident. Witnesses Rajat and Jitendra are said to be the witnesses of hatching conspiracy. Their statements have been recorded on 2.6.2018 after 8 months of the alleged incident. Sanjay Kumar and Smt. Gudia are also said to be the witnesses of conspiracy. Their statements have also been recorded with the delay of 8 months. It has further been submitted that in the confessional statement of co-accused Sanjay it has come that co-accused Sanjay and co-accused Deepak Giri Goswami fired upon the deceased. The applicant had not caused any injury to the deceased. Teerathpal and Amit are said to be the eye witnesses of the alleged incident. Their statements have been recorded on 25.8.2018 after 10 months of the alleged incident. In fact, no one has seen the alleged incident. False story has been concocted by the prosecution. It has further been submitted that in one case under section 302 IPC the applicant was convicted against which the applicant has filed a criminal appeal and in the appeal the applicant has been enlarged on bail. The criminal history of the applicant has been explained in para 25 and 26 of the affidavit filed in support of the bail application. The applicant is in jail since 27.8.2018.
Per contra; learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Sanket Sharma involved in Case Crime No. 1093 of 2017, under section 302/34, 120B IPC, P.S. Nai Mandi, District Muzaffar Nagar be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant will not tamper with the evidence.
2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 24.1.2019 Masarrat