Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39321 of 2018 Applicant :- Sohan Lal Opposite Party :- State Of U.P.
Counsel for Applicant :- Gaurav Sisodia Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Gaurav Sisodia, 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- Sohan Lal, in S.T. No. 206 of 2008, arising out of Case Crime No.217 of 2018, under Sections 302 and 201 I.P.C., Police Station Milak, District-Rampur with the prayer to enlarge him on bail.
As per the prosecution case, the son of the informant went missing, thereafter, his body was found in a well; three persons were nominated in the F.I.R.; name of the applicant surfaced in the second statement of the informant; there is no evidence against the applicant apart from last seen; there is no eye witness account; applicant has been falsely implicated. It is lastly submitted that the applicant has no other reported criminal antecedent and he is languishing in jail since 03.07.0218, there is no likelihood of early disposal of trial and the applicant undertakes that if enlarged on bail, he will never misuse his liberty and will co-operate in the trial. The applicant has no motive to commit the present crime and he has been falsely implicated in this case. It is pointed out by the learned counsel for the applicant that similarly placed co-accused Jhajhan Lal, Kadey Ram and Satyaveer have been granted bail by a coordinate Bench of this Court in Criminal Misc. Bail Application Nos. 36360, 36617 & 37432 of 2018 vide orders dated 27.09.2018, 28.9.2018 & 05.10.2018, respectively. So, the applicant may also 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- Sohan Lal 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 :- 12.10.2018 Vikas