Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54050 of 2021 Applicant :- Vikas Opposite Party :- State of U.P.
Counsel for Applicant :- Ayush Mishra,Yogendra Misra Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Yogendra Misra, learned counsel for the applicant and Sri Janardhan Prakash, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Vikas with a prayer to release him on bail in Case Crime No. - 85 of 2021, under Sections - 302, 120B IPC, Police Station - Nasirpur, District - Firozabad, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) against FIR lodged on 24.4.2021, the applicant is in confinement since 24.9.2021;
(ii) the applicant claims to have cooperated in the investigation;
(iii) the applicant has no criminal history;
(iv) charge-sheet has already been submitted yet there is no hope of early conclusion of the trial;
(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant, the FIR was lodged by the son of the deceased on the information given by his sister-in-law (bhabhi) Rama Devi. Specific allegation had been made against Pradeep @ Deepa and Jeetu. The applicant was not named in the FIR. Three months into the investigation, the same Rama Devi named the present applicant. There is no corroborative material or independent witness in support of the prosecution story. Thus, it has been submitted that the applicant has been falsely implicated for other disputes and reasons.
(vi) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime 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:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 22.12.2021 Prakhar