Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25098 of 2019 Applicant :- Sonu @ Sunil Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Janardan Prasad Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. He is not named in the FIR and name of the applicant is surfaced in this matter for the first time in the statement of co-accused Amit. Nothing is recovered from the possession of the applicant to connect with this matter. Recovery of the mobile and pistol is against co-accused Amit and Mohit. At this juncture learned counsel for the applicant refereed to the annexure no. 8 and argued that when police party implicated the applicant in this matter, crime no. 165 of 2018, under section 307 read with section 34 I.P.C. was also levelled against the applicant. There is no cogent evidence to connect the applicant with the present matter. Entire prosecution case is based on circumstantial evidence. Circumstances are not reliable and connected with each other. All the criminal cases shown as criminal history were planted after arrest in this matter. He is languishing in jail since 01.03.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Sonu @ Sunil Kumar involved in Case Crime No. 59 of 2018, under Sections 302, 394, 411, 120B, 34 I.P.C., P.S. Sikandarabad, District - Bulandshahar be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant 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 him 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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 24.6.2019 Swati