Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36910 of 2020 Applicant :- Vimal Kant@Rinku Trivedi Opposite Party :- State of U.P.
Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.,Arun Kumar Shukla
Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Pradeep Kumar, learned counsel for the applicant, Sri Arun Kumar Shukla, learned counsel for the informant and learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant Vimal Kant@Rinku Trivedi with a prayer to enlarge him on bail in Case Crime No. 355 of 2019, under Sections 302, 201, 120B, 34 I.P.C., Police Station Bindaki, District Fatehpur.
The submission of learned counsel for the applicant is that the applicant is languishing in jail since 23.11.2019 and after investigation, police has submitted charge sheet against the applicant, therefore, there is no question of accused influencing the investigation. Further submission is that the whole case is based on circumstantial evidence of last seen and recovery of alleged weapon by which death was caused. It is further submitted that accused applicant has no criminal history and he is prepared to furnish sureties and bonds and there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant is in jail from the last more than 14 months and undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.
Learned A.G.A. and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the applicant and have submitted that the applicant had an affair with the wife of the deceased and motivated by this fact he committed murder of the deceased, there is evidence of last seen as the accused himself came and called the deceased who went with him and subsequently on the next date he was found dead. Further submission is that on the pointing of the accused knife by which death was caused was recovered.
Upon hearing the submissions made by learned counsel of both sides, considering the fact that the whole case is based on circumstantial evidence of last seen and applicant has already in jail from last more than 14 months and without commenting on the merits of the case, I find it to be a fit case for bail.
Let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned, subject to the 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 applicant 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 :- 6.1.2021 Mini