Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19965 of 2018 Applicant :- Than Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Akhilendra Yadav,Mahesh Chandra Maurya Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Arvind Agrawal, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 12.2.2018 against four accused persons, namely Mukesh Babu, Pradip, Dilip and brother-in-law of Mukesh Babu alleging that there is illicit relation between Pawan (deceased) and daughter of Mukesh Babu. On 11.2.2018 on the exhortation of Mukesh, Pradip shot fire at Pawan, he received one gun shot injury, resultantly died.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Applicant was not named in the F.I.R. He was brother-in-law of Mukesh Babu. Offences levelled against the applicant are not attracted in the present case. There is general allegation against the applicant. Main role of firing was assigned to co-accused Pawan. There is no independent witness and eye witness account against the applicant. He is languishing in jail since 31.3.2018 (more than one and half months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Than Singh involved in Case Crime No. 115 of 2018, under Sections 302, 506 IPC, Police Station Uttar, District Firozabad be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 28.5.2018 A. Singh