Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29765 of 2019 Applicant :- Vikas Opposite Party :- State Of U.P. Counsel for Applicant :- Sushil Dubey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Pankaj Rai, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against four accused persons, namely Vikas, Srikant @ Mangal, Shivam and Ramveer Singh alleging that on 2.10.2018 they killed Suvita Devi by strangulation. According to postmortem report, cause of death was found asphyxia due to antemortem hanging and hyoid bone was found intact.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There are general allegations against all accused persons. F.I.R. was lodged against them on the basis of suspicion. Deceased committed suicide herself, reasons better known to her. There is no independent wintess and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 3.10.2018 (more than nine 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 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 Vikas involved in Case Crime No. 353 of 2018, under Sections 302, 307 IPC, Police Station Elau, District Mainpuri 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 :- 25.7.2019 A. Singh