Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14164 of 2019 Applicant :- Somendra Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Gajendra Singh,Shailendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the applicant is not named in the F.I.R. The F.I.R. of the alleged incident was lodged against Sarvesh Kumar and one unknown. The name of the applicant came into light in the confessional statement of the co-accused Sarvesh Kumar. In the confessional statement of the co-accused Sarvesh Kumar it has come that the deceased Pooja was the daughter of Sarvesh Kumar. There was illicit relation in between Pooja and Nawab who is the sister's son of Sarvesh Kumar. The applicant is not a family member of the deceased Pooja and he has no concern with regard to illicit relation in between the deceased Pooja and one Nawab. In the statement of co-accused Sarvesh Kumar it has come that the applicant asked Sarvesh Kumar to eliminate Pooja and also gave Rs. 15000/- to him for this purpose. Thereafter Sarvesh Kumar had got the deceased murdered by one Jagdish. Except the confessional statement of the co-accused there is no other cogent evidence against the applicant. The applicant has been falsely implicated in this case. There is no criminal history of the applicant and is in jail since 19.1.2019.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Somendra Singh involved in Case Crime No. 133 of 2018 under Section 120-B, 201, 302 IPC Police Station Faijganj Behta District Budaun be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 25.4.2019 Gss