Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15466 of 2018 Applicant :- Sikandar And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Munna Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged on 30.3.2017 against three accused persons, namely Sikandar, brother-in-law of Sikandar and Mangal alleging that on 8.7.2016 they assaulted Lal Babu and administering the poison, resultantly died. According to F.S.L. report, zinc phosphate was found on the body of deceased.
It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. F.I.R. was lodged after seven months. Offences levelled against the applicants are not attracted in the present case. After thought, the false story was developed with legal consultation due to previous enmity. Deceased was habitual drinker. An affidavit was filed by complainant alleging that the name of co-accused Mangal was false and final report was submitted. Charge sheet has been submitted against the applicants. They are languishing in jail since 12.2.2018 (more than two and half months) having no criminal history and in case they are released on bail, they 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 applicants and admitted that applicants have 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 the applicants Sikandar and Shivnarayan involved in Case Crime No. 84 of 2017, under Section 304 IPC, Police Station Vishunpura, District Kushinagar 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 applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 them 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 :- 26.4.2018//A. Singh