Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13231 of 2019 Applicant :- Sitaram Opposite Party :- State Of U.P.
Counsel for Applicant :- Mahendra Kumar Yadav,Vinod Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Sitaram in Case Crime No. 170 of 2017, under Sections 302, 201 I.P.C., Police Station- Khairgarh, District- Firozabad with the prayer to enlarge him on bail.
Submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. The applicant is not named in the first information report. The F.I.R. was lodged against unknown accused persons. The applicant and three others were arrested after more than a year on 17.12.2018 in connection with other case in which the applicant and other co-accused are stated to have confessed their guilt in the commission of murder of the deceased in the present case. He further submits that except confession of the applicant and other co-accused before the police, there is no evidence to connect him with the present crime. Lastly, it is submitted that co-accused Jabar Singh has been enlarged on bail by a coordinate Bench of this Court vide an order dated 25.4.2019 in Criminal Misc. Bail Application No. 17413 of 2019. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 17.12.2018, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Sitaram be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 31.7.2019 Vikas