Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48433 of 2019 Applicant :- Subhash Opposite Party :- State of U.P.
Counsel for Applicant :- Mangal Rai,Siddharth Niranjan,Sri Dharampal Singh, Sr. Adv.
Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard Sri DP Singh learned Senior Counsel assisted by Sri Mangal Rai, learned counsel for applicant.
Accused-applicant, involved in Case Crime No. 704 of 2018, under Sections 364A, 302 and 201 IPC, Police Station Fatehpur Sikari, District Agra, applied for bail.
Learned counsel for the applicant submits in following manner :-
(i) Accused-applicant is innocent and has been falsely implicated in the present case due to ulterior motive. He has committed no offence.
(ii) As per FIR deceased-Satish was aged about 12 years at the time of incidents. On 12.12.2018, FIR was lodged against the unknown persons. His name came into light during investigation. Accused-applicant Subhas and co-accused Suresh have been arrested by Police. On the pointing out of both the persons, deadbody was recovered by Police.
As per postmortem report of deceased, cause of death is ante mortem strangulation. It is a case of no eye-witness and there is no direct evidence. None has seen the accused-applicant killing the deceased.
(iv) Applicant is in Jail since 24.12.2018 having no credible evidence.
(v) There is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case, the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned AGA opposed the prayer for bail and submitted that dead body of Satish, aged about of 12 years have been recovered from the pointing out of both the accused. Motor-cycle of co- accused of present-applicant has been recovered from him, which is said to be used in commission of offence but conceded that there is no eye witness of the incident. No chain of circumstances is complete. Learned AGA further admitted that there is no last scene, no extra judicial confession against the present applicant and witness Hemant had not seen with the accused in association of deceased. He has given the clue to the Police.
Considering the entire facts and circumstances of the case, rival contentions of learned counsel for parties, evidence collected by the Investigating Officer, facts and circumstances of the case and the manner in which the incident took place, applicant deserves bail.
Accordingly, application is allowed.
Let applicant-Subhash be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities or case.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law Order Date :- 20.12.2021 Akram