Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14545 of 2021 Applicant :- Subhash Chandra Opposite Party :- State of U.P. Counsel for Applicant :- Shubham Counsel for Opposite Party :- G.A.,Achyuta Nand Pandey,Anand Prakash Pandey
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No.257 of 2020, under Sections 302, 120-B IPC, P.S. Jawa, District Aligarh with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. There is no witness of alleged incident and no recovery of any incriminating article has been shown from the possession of applicant. Learned counsel has pointed out that deceased was aged about 85 years and he has not sustained any serious injury and in fact deceased died a natural death. It was further stated that the Will was executed by deceased in the year 2018 and thus, applicant has no motive to commit murder of his father. It has been further submitted that deceased has suffered death on 03.02.2020 and thereafter, on the information given by informant to the police, the post-mortem of deceased was conducted on the same day but FIR has been lodged after about four months on 08.06.2020. There is no eye-witness of alleged incident and that applicant has been falsely implicated by his sister-in-law (Bhabhi) merely because there was property dispute between applicant and first informant. No recovery of any incriminating article has been made from applicant. It has been further submitted that similarly placed co-accused persons, namely, Satish Kumar Mittal and Madhu Mittal have already been enlarged on bail by a co-ordinate Bench of this Court, vide order dated 26.11.2020, passed in Criminal Misc. Bail Application No.-25856 of 2020. It has been submitted that the applicant is languishing in jail since 06.01.2021 having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail, however, it has not been disputed that similarly placed co-accused persons, namely, Satish Kumar Mittal and Madhu Mittal have already been granted bail by this Court.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Subhash Chandra involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 7.10.2021 Neeraj