Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18339 of 2021 Applicant :- Suraj @ Vikky Opposite Party :- State of U.P.
Counsel for Applicant :- Narendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by accused-applicant, Suraj @ Vikky , in Case Crime No. 305 of 2020, under Sections 302, 120-B IPC, Police Station Kurawoli, District Mainpuri.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 18.8.2020; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; deceased is real brother of applicant; applicant was at Delhi where he was at job of security guard; first information report was instantly got lodged by mother of deceased against unknown assailants; subsequently information by her was given to applicant and his father who came to place of occurrence, where this motive was made by police; no motive is there; no evidence is against applicant; co-accused Ramendra Krishna @ Johny in Criminal Misc. Bail Application No. 47833 of 2020 and Abhishek Rana Criminal Misc. Bail Application No. 34831 of 2020 has been enlarged on bail in this very case crime number by co-ordinate Bench of this Court. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not dispute the fact that applicant is of no criminal antecedents and co- accused have been enlarged on bail as above.
Having heard and gone through materials placed on record, considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tempering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Suraj @ Vikky , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 30.7.2021 Ravi Prakash