Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14988 of 2018 Applicant :- Uttam Opposite Party :- State Of U.P.
Counsel for Applicant :- Pramod Kumar Singh,Gagan Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against three accused persons, namely Jairam, Dr. Raksh, Dhanoram and two unknown persons alleging that on 7.2.2015 they killed Smt. Manoj (wife of complainant). During investigation, it was found that due to illicit relation between Bahadur Singh and his sister-in-law (sali), he killed his wife Smt. Manoj with the help of Uttam and Ramesh.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Offences levelled against the applicant are not attracted in the present case. Applicant was not named in the F.I.R. The name of the applicant was disclosed by co- accused Bahadur Singh. There is no independent witness against the applicant. There is no legal evidence except confessional statement of co-accused Bahadur Singh before the police personnel. The role of applicant is assigned catching hold only. He is languishing in jail since 17.2.2015 (more than three years and two 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 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 the applicant Uttam involved in Case Crime No. 41 of 2015 (Session Trial No. 232 of 2015), under Sections 302, 120-B IPC, Police Station Atmadpur, District Agra 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 :- 24.4.2018 A. Singh