Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7129 of 2019 Applicant :- Sunil Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Suresh Dhar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri S.D. Dwivedi, learned counsel for the applicant, Sri Amit Kumar Shukla, counsel for the informant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 698 of 2018, u/s 302 IPC, P.S. Kanth, District Sahjahanpur with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that an information was given by first informant on 20.10.2018 at 11.50 am that his son has been found murdered inside the shop. Thereafter, inquest was conducted; the first informant lodged F.I.R. implicating the applicant and co-accused Ravi that he suspects that the applicant and co-accused have murdered his son; it is stated that co-accused Ravi, whose case stands exactly at par with that of the applicant, has been enlarged on bail by another Bench of this Court in Bail Application no. 249 of 2019 vide order dated 8.1.2019.
Learned counsel for the informant has opposed the prayer for bail and submitted that the applicant had strong motive to murder the deceased as there was some money transaction between the applicant and the deceased. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Sunil Yadav involved in the aforesaid case crime number 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 with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 21.2.2019 Dhirendra/