Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55475 of 2019 Applicant :- Smt. Vimlesh Saini Opposite Party :- State of U.P.
Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A.,Anurag Pathak,Harshit Pathak
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Gaurav Kakkar, learned counsel for the applicant, Sri Harshit Pathak, learned counsel for the informant and Sri Suraj Singh, learned brief holder for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 285 of 2019 under Sections 147, 148, 149, 452, 302, 307, 323 and 504 I.P.C., P.S.
Kotwali Nagar, District Saharanpur.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; as per F.I.R., occurrence took place on 18.08.2019 at 9:00 P.M. in which the accused applicant along with other person is said to have entered the house of informant and abused and beaten them and, thereafter the main accused, Mahipal is said to have fired upon the son of the informant i.e. Ashish and Asutosh due to which they died. Even in statement under Section 161 Cr.P.C. recorded by police of the informant/injured, no role has been assigned to the accused applicant to have caused any injury to the deceased; accused is lying in jail since 19.08.2019; accused has no criminal history; if the accused is released on bail, he will not misuse the liberty of bail.
Learned counsel for the informant as well as learned A.G.A. for the State have opposed the bail and stated that accused applicant has role in causing injury to other family members of the victim after entering into house.
Looking to the fact that there is no role assigned to the accused applicant, quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant, Smt. Vimlesh Saini involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 17.12.2019 A. Mandhani