Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33934 of 2018 Applicant :- Sonu Opposite Party :- State Of U.P.
Counsel for Applicant :- Braham Singh,Perdeep Kumar Vishnoi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 469 of 2017, u/s 304 IPC, P.S. C.B. Ganj, District Bareilly with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the F.I.R. lodged after six days of the incident. It is stated that on 17.9.2017 at about 11.00 pm on hearing shriek of her husband the informant came down and found her husband was badly injured and he has sustained injury on his vertebra. It is stated in the F.I.R. that name of the applicant and co-accused Sarif was disclosed by the deceased that they had assaulted him. Learned counsel states that the deceased died after 30 days of the incident and during this period no dying declaration or statement of the deceased was recorded u/s 161 Cr.P.C. He further pointed out that during investigation, first informant moved an application with her signature that infact the name of co-accused was not disclosed by her husband and his name has wrongly been stated in the F.I.R. Learned counsel states that at this stage no reliance can be placed on the alleged oral dying declaration of the deceased made to his wife. He has also submitted that till date co-accused Sarif has not been arrested by the police. The applicant is in jail since 11.12.2017.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Sonu involved in the aforesaid case crime number 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:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.10.2018 Dhirendra/