Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15877 of 2019 Applicant :- Suraj Opposite Party :- State of U.P.
Counsel for Applicant :- Narendra Singh,Manish Tiwary Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard Sri Shashidhar Pandey, Advocate, holding brief of Sri Manish Tiwary, learned counsel for the applicant and the learned A.G.A. Perused the record.
As per F.I.R. that on 15.2.2017 at about 11.00 P.M. when Sanjay (deceased), son of the informant was going to his house after duty hours, the informant saw that accused Shubham and his brother Suraj having ballam and danda in their hand were hitting on his son's head in the Guard Room of B.N.G. Consequently due to grievous injuries in his head, Suraj succumbed to death.
It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in this case; that although the name of the applicant is mentioned in the F.I.R. but the applicant is exonerated by the IO during investigation and no chargesheet against the applicant was submitted by the IO; that applicant was summoned under section 319 Cr.P.C. by the order dated 23.3.2018 passed by Additional Sessions Judge, Fast Track Court No. 1, Meerut; that nothing incriminating was recovered from the possession of the applicant; that no specific role was assigned to the applicant; that at the time of alleged incident, he was not present at the spot. He further submits that neither the applicant has committed any such offence as alleged by the prosecution nor there is any credible evidence regarding his complicity in the alleged offence and has been falsely implicated just to harass, victimise and exert undue pressure on him. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 22.6.2018 having no criminal history.
Learned A.G.A. has vehemently opposed the prayer of bail application submitting that allegations against the applicant are serious in nature, and therefore, bail may not be granted.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Suraj involved in Case Crime No. 71 of 2017, under Section 302 I.P.C., P.S. Bhavanpur, District Meerut be released on bail on 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 pressurise/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.
Application is, accordingly, disposed of. Order Date :- 29.11.2019 Vibha Singh