This judgment grants bail to Ajay Kumar, an accused in a murder case, noting allegations of false implication and lack of direct evidence against him. The application was allowed on a personal bond and two sureties.
Bail allowed to applicantAjay Kumar on furnishing a personal bond and two sureties.
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Court No. - 55 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20742 of 2018 Applicant :- Ajay Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Mansoor Ahmad,Mohd. Imran Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 18.2.2016 against two accused persons, namely Ajay and Deepak alleging that on 17.2.2016 Deepak (deceased) went with these accused, he come back at night, at morning he was found dead. According to postmortem report, cause of death could not be ascertained and viscera was preserved and according to F.S.L. report, orgenophasphoras, Insecticide ethyl alcohol was found on the body of deceased.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is admitted fact that they were last seen with deceased. Offences levelled against the applicant are not attracted in the present case. According to opinion of doctor, due to over drink or some other reasons deceased was died. There is no independent witness and eye witness account against the applicant. He is languishing in jail since 29.3.2018 (more than two months) having no criminal history 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 applicant Ajay Kumar involved in Case Crime No. 50 of 2016, under Section 304 IPC, Police Station T.P. Nagar, District Meerut 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:
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 :- 31.5.2018//A. Singh
2 issues framed by the court
Whether bail should be granted to the applicant who was falsely implicated in a murder case.
Whether the applicant poses a risk of tampering with evidence or influencing witnesses.
Ajay Kumar
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
