Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8787 of 2019 Applicant :- Vishal @ Vishu Opposite Party :- State Of U.P.
Counsel for Applicant :- Brajesh Kumar Solanki,Anand Vikram Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Sri P.S. Pundir, Advocate filed his Vakalatnama on behalf of the complainant is taken on record.
Heard learned counsel for the applicant, Sri P.S. Pundir, learned counsel for the complainant, Sri S.K. Tripathi (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against four accused persons, namely, Sanni @ Hemu, Adesh @ Shivam, Vishal @ Vishu and guddu alleging that on 18.9.2018 Manoj Sharma, husband of the deceased, was abducted. Later on, dead body was found receiving injury of throttling. Cause of death was found throttling. During investigation, it was found that Soniya had love marriage with Manoj Kumar Sharma and the family members of Soniya was annoyed and with the help of other persons they killed the deceased.
Learned counsel for the applicant submitted that applicant is languishing in jail since 22.9.2018 (more than five months) having no criminal history. The applicant is innocent and has been falsely implicated in this case. There was no motive or intention to kill the deceased. He had no concern with Soniya as well as deceased. The applicant is resident of another village. There is no legal evidence against the applicant. No offence under Section 302 I.P.C. is made out against the applicant. There is no eye witness account against the applicant. There is no independent witness against the applicant and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. as well as learned counsel for the complainant 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.
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 Vishal @ Vishu involved in Case Crime No.420 of 2018, under Section 364, 302, 201 IPC, Police Station-Shahpur, District-Muzaffar Nagar 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 :- 28.2.2019 OP