Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41105 of 2018 Applicant :- Sunil Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that the applicant has been falsely implicated due to enmity on account of property dispute; that the applicant happens to be cousin brother of the deceased and had no motive to cause death of 11 years old Shivam; that the entire prosecution story is absolutely false, concocted and highly improbable; that it is wrong to say that applicant caused any incised wound on the neck of the deceased or took the deceased for Khurja hospital and returned with his dead body after one hour; that there is no incriminating evidence against he applicant and nothing incriminating has been recovered from him; that weapon of crime, the knife in question has been recovered at the pointing of co-accused Arvind, who is alleged to have confessed his crime by stating that on catching hold of hands and legs of deceased by applicant he slitted his throat; that the confessional statement of co-accused in police custody is not admissible against the applicant and in any case the applicant has not been assigned with the role of causing fatal injuries to the deceased; that the case of applicant is distinguishable from Arvind; that the applicant has no criminal history; that the applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 29.4.2018.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Sunil be released on bail in Case Crime No.385 of 2018, under Section 302 I.P.C., P.S. Khurja Nagar, District Bulandshahar, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 28.11.2018 Kpy