Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12441 of 2017 Applicant :- Sunil Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Devendra Kumar Mishra,Atul Tej Kulshrestha Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and Shri Sudhakar Shukla, learned counsel for the informant.
The FIR is stated to have been lodged after orders under Section 156(3), Cr.P.C.
The argument of the learned counsel for the applicant is that the incident took place on 30.7.2015 and the application under Section 156(3), Cr.P.C. was filed on 13.4.2016 and after the orders thereon, first information report has been lodged on 23.5.2016. The argument is that the applicant has been involved in the incident in dispute as an afterthought. The applicant has no criminal history to his credit and is in jail since 29.6.2016.
Shri Sudhakar Shukla, learned counsel for the informant has argued that only the applicant has been apprehended. The other accuseds are absconding and in case he is enlarged on bail, the whereabouts of the missing boy will never be known. In case the other co- accused have not been arrested, the applicant cannot be kept in jail indefinitely.
The remedy of getting the other co-accused arrested is available, which the informant can avail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Sunil Kumar involved in Case Crime No.213 of 2016, under Section 364, I.P.C, Police Station Rasoolabad, District Kanpur Dehat be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 they are accused, or suspected of the commission of which they are 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 them 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 complainant is free to move an application for cancellation of bail before this court.
Order Date :- 30.7.2018 T. Sinha