Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29833 of 2015 Applicant :- Shailesh Gautam @ Koko Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Srivastava,Rahul Kumar Pandey Counsel for Opposite Party :- Govt. Advocate
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and learned A. G. A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 319 of 2014, under Section-302 IPC, P. S.-Gonda, district-Aligarh and is in jail since 4.11.2014, is seeking enlargement on bail during the trial.
Learned counsel for the applicant has submitted that the applicant was nominated as an accused in the F. I. R., which was lodged by the brother of the deceased on the basis of last seen evidence. He next submitted that after two days of the lodging of the F. I. R. dead body of the deceased was recovered on 24.10.2014. According to the F. I. R. deceased had left his house with the applicant in the evening of 22.10.2014 and thereafter he did not return. He next submitted that after twenty one days of deceased's disappearance police manufactured the recovery of knife on the alleged pointing out of the applicant, which according to the prosecution was used for committing the murder of the deceased. He also submitted that there is no link evidence connecting the knife with the alleged crime and no-one had seen the applicant committing the murder of the deceased and circumstantial evidence on record is not sufficient, to even prima facie establish the applicant's guilt. He has lastly submitted that the applicant who is in jail since 4.11.2014 and has no criminal antecedents to his credit, is entitled to be enlarged on bail.
The prayer for bail has vehemently been opposed by learned A. G. A. However, the aforesaid factual aspect of the matter has not been disputed by him.
Considering the submissions made by learned counsel for the parties, this Court is of the view that the applicant has made out a case for grant of bail.
In view of the above, let the applicant, Shailesh Gautam alias Koko be released on bail in Case Crime No. 319 of 2014, under Section-302 IPC, P. S.-Gonda, district-Aligarh on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in with the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him;
(b) 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.
Order Date :- 29.3.2018 HR