Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20519 of 2018 Applicant :- Vikas Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, Sri G.P. Singh, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against unknown persons alleging that Vipin Kumar (deceased) was missing and dead body of deceased was found with four injuries on 6.7.2014. During investigation, it was found that deceased was last seen with co-accused Vikas s/o Maniram and charge sheet has been submitted against him. Subsequently, applicant was summoned under Section 319 Cr.P.C. by trial court vide order dated 28.4.2016, he moved bail application before trial court which was rejected. Hence this bail application.
It is submitted by learned counsel for the applicant that co- accused namely Vikas s/o Maniram has already been granted bail (order annexed at page nos. 10 to 11 of the supplementary affidavit) by co-ordinate Bench of this Court vide order dated 11.11.2014 in Criminal Misc. Bail Application No. 36485 of 2014, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. Applicant was not named in the F.I.R. He was summoned under Section 319 Cr.P.C. Offences levelled against the applicant are not attracted in the present case. There is no legal evidence and independent witness against the applicant. He is languishing in jail since 10.4.2018 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 counsel for the complainant as well as 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, applicant was summoned under Section 319 Cr.P.C.
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 Vikas s/o Dharm Pal involved in S.T. No. 735 of 2014 arsing out of Case Crime No. 195 of 2014, under Section 302 IPC, Police Station Behat, District Saharanpur 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 :- 30.5.2018 A. Singh