Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29529 of 2019 Applicant :- Sumit Opposite Party :- State Of U.P.
Counsel for Applicant :- Ved Byas Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Mayank Mishra, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against unknown person alleging that on 28.4.2019 at 6.30 p.m. some unknown persons killed Rupendra and dead body was found in his own car bearing no. UP95J9096. During investigation, names of Omveer, Amrita, Sumit and Bhule were surfaced and it was found that there was illicit relation between Amrita (wife of deceased) and Omveer due to which Omveer and Amrita hired Sumit and Bhole with rupees three lacs for killing Rupendra. Bhule killed the deceased by shot fire with licensee revolver of Omveer. Said revolver was recovered from the possession of Omveer. According to postmortem report, only one gunshot injury was found on the body of deceased.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There is general allegation against the applicant. Applicant is C.C.T.V. operator of the colony. There is no motive against the applicant. Motive is against to co- accused Omveer and Amrita. Omveer is brother-in-law (jija) of Amrita. Nothing was recovered from the possession of applicant. Applicant was not named in the F.I.R. During investigation, the name of applicant was surfaced after thought and due legal consultation. The case of applicant is distinguishable from other co-accused. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 1.5.2019 (near about three months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Sumit involved in Case Crime No. 418 of 2019, under Sections 302, 34, 120-B IPC, Police Station Bisrakh, District Gautambuddh Nagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 31.7.2019 A. Singh
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29529 of 2019 Applicant :- Sumit Opposite Party :- State Of U.P.
Counsel for Applicant :- Ved Byas Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Affidavit of compliance filed today is taken on record.
In compliance of order dated 24.7.2019, Vaibhav Krishna, Senior Superintendent of Police, Gautam Budh Nagar has filed his personnel affidavit stating therein that a general circular has been issued to all concerned officers/ officials on this issue and warned for future. He also tendered unconditional apology for inconvenience caused to the Court Explanation is satisfactory. It is expected from the police officers/officials to comply the order of this Court immediately in future.
No further action is required.
Office is directed to send a copy of this order through FAX or e-mail within three days form today to Senior Superintendent of Police, Gautam Budh Nagar for necessary compliance in future.
Order Date :- 31.7.2019 A. Singh