Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39906 of 2019 Applicant :- Vivek Nishad Opposite Party :- State Of U.P.
Counsel for Applicant :- Jagadish Prasad Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Ms. Reema Gupta (B.H.), learned appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 16.5.2019 (after seven days of the incident) against three accused persons alleging that on 9.5.2019 at 7-00 p.m., the daughter of the complainant, Km. Sarita was abducted and suspected that she was killed. During investigation, named accused was exonerated and it was found that there was illicit relation between deceased one another person Matka. Some persons seen both in odd stage hence arrested the girl and prepared video. That was sent to the applicant, brother of the deceased hence applicant by phone conveyed this message to mother and father of deceased. Hence Smt. Kallo and Krishna Chandra had killed the deceased with the help of Shamsher and thrown the dead body and Police was unable to recover the dead body till date.
Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case and is languishing in jail since 19.5.2019 (more than four months) having no criminal history. At the time of incident, the applicant was in Gujarat. Even though maximum role of the applicant is extended upto 120B I.P.C. and according to prosecution case itself only video was sent by the local persons to the applicant. He has given information to the mother and father of the deceased only hence the role of the applicant is distinguishable from the case of Smt. Kallo and Krishna Chandra, mother and father respectively. There is no legal and cogent evidence against the applicant. There is no independent witness/eye witness account 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. 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 Vivek Nishad involved in Case Crime No. 415 of 2019, under Section 302, 201, 120-B IPC, Police Station- Meja, District-Prayagraj 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 :- 26.9.2019 OP