Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17869 of 2019 Applicant :- Uma Shankar Soni Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramanuj Yadav Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
Learned counsel for the applicant submits that the applicant is not named in the FIR. The name of the applicant came into light in the confessional statement of co-accused Ramroop Soni. Only the allegation of hatching conspiracy has been levelled against the applicant. There is no cogent evidence with regard to conspiracy against the applicant. It has further been submitted that the applicant has no concern with the alleged incident. The applicant has no motive to commit the alleged offence. It has further been submitted that the role of causing injury to the deceased and one injured person has been assigned to co-accused Asharam Yadav who is said to be apprehended on the spot. The applicant has falsely been implicated in the present case. No incriminating article has been recovered from the possession of the applicant or on his pointing out. There is no criminal history of the applicant and is in jail since 4.1.2019.
Per contra, learned A.G.A has opposed the prayer for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Uma Shankar Soni involved in Case Crime No. 813 of 20185, under Sections 302, 120-B, 147, 148, 149, 307/34 IPC, P.S. Karvi,, District Chitrakoot 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:-
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co- operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 29.4.2019/A.