Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36037 of 2016 Applicant :- Sunil Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 241 of 2016, under Section 302 of the Indian Penal Code, Police Station Khurja Nagar, District Bulandshahar is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that the applicant Sunil is not named in the fist information report. His name as an accused surfaced for the first time in the statement of Lavkesh, brother of the deceased Savita, which was recorded after 11 days of the incident in which he had orally stated that one day before the recovery of the dead body of the deceased, he had seen the applicant was talking to his sister and the other co- accused. It is next submitted that there is neither any direct nor circumstantial evidence indicating at the complicity of the applicant in the commission of the crime. He further submitted that no incriminating article has been recovered either from the possession of the applicant or on his pointing out. He next submitted that the applicant who has no criminal antecedents to his credit and is in jail since 18th April, 2016, is entitled to be enlarged on bail.
Per contra, the prayer for bail has been vehemently opposed by learned AGA. However, the aforesaid factual aspect of the matter has not been disputed by him Considering the submissions made by learned counsel for the parties, this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.
In view of the above, let the applicant, Sunil 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 in Case Crime No. 241 of 2016, under Section 302 of the Indian Penal Code, Police Station Khurja Nagar, District Bulandshahar, subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by her.
(b) 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.
(B.K. Narayana, J.) Order Date :- 30.3.2018 Sushil/-