Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17346 of 2020 Applicant :- Vikas Opposite Party :- State of U.P.
Counsel for Applicant :- Manoj Kumar Tripathi,Atul Kumar Srivastava,Vinod Kumar Tirpathi Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been given by the accused applicant Vikas in S.T. No. 411 of 2019, Case Crime No. 337 of 2019, under Section 302 I.P.C., P.S.- Nagina, District - Bijnor.
Learned counsel for the applicant has submitted that the accused applicant is in jail since 20.08.2019. After investigation charge-sheet was filed by the police on which cognizance was taken and the matter was committed to the Sessions and the Sessions Court admitted all 4 witnesses and all the four witnesses of fact namely Jagdish Singh, Mahendra Singh, Tejpal Singh and Baldev Singh have been declared hostile by the prosecution. Learned counsel has submitted that this aspect has not been considered by the trial Court and the bail application was rejected. Learned counsel has submitted that there is no previous criminal history of the the applicant and applicant is prepared to furnish sureties and bonds and therefore, there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.
Learned A.G.A. has vehemently opposed the prayer of bail. He has however not disputed the aforesaid facts and has submitted that the police has filed charge-sheet after concluding the investigation.
Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case and without commenting on the merits of the case, I find it to be a fit case for bail.
Let applicant Vikas be released on bail in S.T. No. 411 of 2019, Case Crime No. 337 of 2019, under Section 302 I.P.C., P.S.-
Nagina, District - Bijnor, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 5.1.2021 Bhanu