Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25201 of 2019 Applicant :- Vishal @ Aman Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Tripathi,Mohd Imran Khan,Vinod Kumar Tirpathi Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. Entire prosecution case is based on circumstantial evidence. Circumstances shown against the applicant is not linked with each other to form the complete chain. It is further argued that except to the last seen evidence, there is no other evidence to connect the applicant in the present matter. Other co-accused Vikul and Smt. Pushpa have been released on bail by this Court vide order dated 11.10.2018 in Criminal Misc. Bail Application Nos. 38308 of 2018 and 38313 of 2018. The applicant has no criminal history. He is languishing in jail since 14.06.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Vishal @ Aman involved in Case Crime No. 324 of 2018, under Sections 364, 302, 201, 34, 120B I.P.C., P.S. Seohara, District - Bijnor be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 25.6.2019 Swati