Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45952 of 2017 Applicant :- Sujeet @ Surjeet Opposite Party :- State Of U.P. Counsel for Applicant :- Manoj Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ravindra Nath Kakkar,J.
Heard Sri Manoj Yadav, 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, he has been falsely implicated in the present case. It is next contended that in the present case applicant is not named in the FIR, his name has been surfaced after three days of the incident in the confessional statement of co-accused Govinda. Next argued that motive has been assigned to co-accused Sheela and not against this accused. The applicant has no criminal history. He is in jail since 19.05.2017..
Learned AGA opposed the prayer for bail but admitted the fact that applicant has not been named in the FIR and having no criminal history.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Sujeet @ Surjeet involved in Case Crime No. 457 of 2017, under Sections 302, 201 IPC, P.S.- Dokati, District Ballia be released on bail on 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 continue to attend and cooperate in the trial pending before the court concerned on the date fixed after release.
(ii) The applicant will not tamper with the witnesses.
(iii) The applicant will not indulge in any illegal activities during the bail period.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
Order Date :- 27.11.2017 RPD