Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7390 of 2018 Applicant :- Vitu @ Anuj Pratap Opposite Party :- State Of U.P.
Counsel for Applicant :- Shri Krishan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 292 of 2017 under Section 302 I.P.C., P.S. Karahal, District Mainpuri.
As per F.I.R., the prosecution case is that on 10.06.2017 at about 8 p.m., the son of the first informant was fired upon by Tinku which hit in his chest as a result of which, he died subsequently.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; present accused has no role in the occurrence; as per the statement of the injured (deceased), he was simply accompanying the main assailant Tinku as he was found standing there; the accused applicant is in jail since 6.10.2017; he has not criminal history; if released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
In view of the above arguments, looking to the quantum of the punishment, nature of the offence and the 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 Vitu @ Anuj Pratap 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 :- 27.2.2018 A. Mandhani