Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40600 of 2018 Applicant :- Vikki Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Vikas Sharma holding brief of Sri Sanjay Singh, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Vikki in Case Crime No. 611 of 2016, under Sections 302, 120-B I.P.C, Police Station- Shamli, District- Shamli with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. It is submitted that so far as the applicant is concerned, there is only evidence of hatching conspiracy against him while he was in jail in respect of the murder of Jeth of the first informant. He further submitted that vague and bald allegation of hatching conspiracy by the applicant while remaining in jail has been alleged in the F.I.R., however, the Investigating Officer could not collect any evidence as to how and in what manner the applicant has hatched conspiracy with the named accused who have actively participated in the alleged crime. It is next submitted that the applicant was also falsely implicated in the murder of Jeth of the first informant in which he is already in jail. Except this case, the applicant is not wanted in any other criminal cases. He further submitted that solely on account of strong enmity between the parties and on the basis of suspicion, the applicant has been nominated as the conspirator in the first information report. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 02.02.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Vikki be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
It is made clear that the case of the applicant is distinguishable from that of other co-accused on whom specific role of taking part in the incident has been alleged in the F.I.R. and in the statement of witnesses.
Order Date :- 26.10.2018/ Vikas