Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8237 of 2019 Applicant :- Shailendra @ Bhura Opposite Party :- State Of U.P.
Counsel for Applicant :- Dharmendra Singh Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Satendra Kumar Upadhyay, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 14.8.2018 against unknown persons alleging that on 12.8.2018, some unknown persons killed Ramdayal in the tube well by strangulation. According to postmortem report, four injuries were found on the body of deceased. Later on, the name of two accused persons namely, Ashok and Shailendra was surfaced after 55 days. Statement of complainant was recorded, he stated that due to dispute land between deceased and applicant; applicant has grabbed the property of deceased due to which this incident was done.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. F.I.R. was lodged after two days of incident. The name of applicant was surfaced after 55 days of incident. After thought, the false story was developed with legal consultation due to previous enmity. There is contradiction between F.I.R. and postmortem report. There is no independent witness and no legal evidence against the applicant. There is eye witness account. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 6.12.2018 (more than two and half 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 counsel for the complainant opposed the prayer for bail.
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 Shailendra @ Bhura involved in Case Crime No. 364 of 2018, under Section 302 IPC, Police Station Lodha, District Aligarh 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 :- 26.2.2019 A. Singh