Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27954 of 2016 Applicant :- Sonu Opposite Party :- The State Of U.P.
Counsel for Applicant :- Gavendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and learned A. G. A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 1391 of 2015, under Sections-302, 392 and 411 IPC, P. S.-Vijay Nagar, district- Ghaziabad and is in jail since 25.1.2016, is seeking enlargement on bail during the trial.
Learned counsel for the applicant has submitted that the F. I. R. of the incident was lodged by one Rahul Yadav, the Manager of the institution with regard to the murder of one Ravindra Yadav, who he was employed as a watchman in the school, against three persons namely, Arun Yadav, Aman Yadav and Harpal Yadav. However, the prosecution story took a twist that in place of the named accused, the applicant along with co-accused Mohit Tyagi were arraigned as accused in the present case on the allegation that they were caught selling mobile set of the deceased to the gardener of the school, where the deceased was employed. The prosecution case is based upon the confessional statement of the applicant and Mohit Tyagi recorded before the police after their arrest and the recovery of a knife allegedly used in the commission of crime on the alleged pointing out of the applicant, on which no blood stains were found, which is yet to be connected with the crime in question. He has further submitted that apart from the case in hand, the applicant was accused in six other criminal cases, in which he has been granted bail. He has lastly submitted that the applicant who is in jail and has no criminal antecedents to his credit, is entitled to be enlarged on bail.
The prayer for bail has vehemently been opposed by learned A. G. A.
Considering the submissions made by learned counsel for the parties, this Court is of the view that the applicant has made out a case for grant of bail.
Without expressing any opinion on merits, let the applicant, Sonu be released on bail in Case Crime No. 1391 of 2015, under Sections-302, 392 and 411 IPC, P. S.-Vijay Nagar, district-Ghaziabad on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him;
(b) 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.
Order Date :- 23.8.2018 HR