Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22023 of 2017 Applicant :- Shivji Ram Opposite Party :- State Of U.P.
Counsel for Applicant :- Awadhesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vinod Kumar Misra,J.
Heard learned counsel for the applicant, learned Additional Government Advocate and perused the record of the case.
Learned counsel for the applicant submitted that the applicant is brother-in-law (Behnoi) of the deceased. There is marital dispute between the applicant and his wife. Applicant has been implicated on account of the marital dispute between his wife. There is no incriminating evidence against the applicant. It is next submitted that the applicant is facing detention since 20.10.2016.
Learned counsel for the applicant further submitted that if the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate in the early disposal of the case.
Per contra, learned A.G.A. opposed the application for bail and submitted that present applicant was residing with the deceased and with the assistance of his brother in a pre-planned manner, he has committed the murder of the deceased.
Apart from the statement of the present applicant before the police there is no other incriminating evidence against the present applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Shivji Ram involved in Case Crime No. 543 of 2016, under Section 302 IPC, P.S. Surajpur, District Gautam Buddh Nagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 28.11.2017 Sumaira