Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13168 of 2015 Applicant :- Somveer Opposite Party :- State Of U.P.
Counsel for Applicant :- Apul Misra,Rama Shankar Mishra,Vidit Narayan Mishra Counsel for Opposite Party :- Govt. Advocate
Hon'ble Rajul Bhargava,J.
Heard Sri Apul Misra and Sri Rama Shankar Mishra, learned counsels 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-Somveer in Case Crime No.667 of 2014, under Sections 147, 302, 201 and 120-B I.P.C., Police Station Kotwali Dehat, District- Bulandshahar with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the case of the prosecution against the applicant rests on circumstantial evidence of last seen by some of the witnesses introduced during investigation. Co-accused,Banti whose name surfaced during investigation and from whose possession motorcycle used in the commission of crime has been recovered, has been enlarged on bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No.37510 of 2015 vide order dated 24.8.2015. Thereafter, bail of the co-accused Sudhir was allowed by this Court in Criminal Misc. Bail Application No.26620 of 2016 on 16.01.2019.. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 24.09.2014, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA has strongly opposed the prayer for grant of bail to the applicant and submitted that it is a case of double murder. However, he could not dispute that only evidence against the applicant is of last seen and other co-accused, Banti and Sudhir have already been granted bail by this Court.
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-Somveer 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 :- 22.1.2019 MN/-