Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33645 of 2017 Applicant :- Sunder Lal Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Naushad Siddiqui,Bipin Kumar Counsel for Opposite Party :- G.A.,K.K. Tripathi
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case, the F.I.R. was lodged on 31.03.2017 at 4.45 hours against three accused persons, namely, Sunder Lal (applicant), Kusuma and Jitendra and one unknown person alleging that the brother of the informant was sleeping in the cattle house and at about 1.30 hours, the applicant along with other co-accused persons came and poured a tablet of poison in the mouth of Kailash and thereafter the kerosene oil was poured on the body of the deceased and set him on fire, as a result of which he suffered burn injuries and subsequently on way to hospital, he died. During investigation, name of Jitendra was surfaced and charge sheet has been submitted against Sunder Lal and Smt.Kusuma.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; no motive has been shown against the applicant neither in the first information report nor in the statements of the witnesses except the statement of complainant; there is no evidence against this accused applicant. During investigation, statements of 11 independent persons were recorded and they have stated in their affidavits before the police personnel that the accused Sunder and co-accused Kusuma were seen while extinguishing the fire of deceased Kailash and they have been falsely implicated in the instant case, in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial ; he is languishing in jail since 3.4.2017 (more than one year) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A. and without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
Let the applicant Sundar Lal involved in the Case Crime No.313 of 2017 ( S.T.No. 176 of 2017),under Section 302 I.P.C., P.S. Ghatampur, District Kanpur Nagar be released on bail 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:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 :- 30.4.2018 Su