Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40148 of 2019 Applicant :- Saurabh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Seema Aggarwal Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard Ms. Seema Agarwal , learned counsel for the applicant, Sri Mayank Mishra, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 23.5.2019 against six accused persons, namely Vikash Sharma, Akash @ Devesh Kumar, Hiralal, Aman, Amar and Arvind alleging that Pushpendra @ Pusha (son of complainant) was abducted and killed by them because deceased shot fire at Vikash Sharma. During investigation, the name of applicant was surfaced.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Dead body of deceased Pushpendra @ Pusha was found on the railway track on 23.3.2019. Postmortem and inquest were conducted as unknown dead body on the information of Railway Department. According to prosecution case, accused came and confessed the offence before complainant after two months of incident but deceased was died due to train accident. According to postmortem report, crushed injuries were found on the body of deceased. F.I.R. was lodged after two months of incident without explaining proper delay after thought and due legal consultation on the basis of suspicion only. Applicant was not named in the F.I.R. During investigation, the name of applicant was surfaced. Deceased was criminal person and having criminal history of six cases. It is very clear that some unknown persons killed him or he died in train accident. There is no independent witness and no legal evidence against the applicant. There are general allegations against all accused persons. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 15.7.2019 (more than two months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Saurabh Kumar involved in Case Crime No.
315 of 2019, under Sections 147, 302, 201 IPC, Police Station Khurja Nagar, District Bulandshahar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.9.2019 A. Singh