The single-judge court granted bail to the applicant, Amar Pal, in a murder case where he was not named in the FIR but was implicated via a co-accused's confessional statement. No cogent opposing evidence was presented.
Release of the applicant on bail with a personal bond and two sureties, subject to standard conditions.
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42595 of 2019
Applicant :- Amar Pal Opposite Party :- State of U.P. Counsel for Applicant :- Anuj Bajpai Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Anuj Bajpai, learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 204/2019, u/s 302, 201 IPC, P.S. Seramau South, District Shahjahanpur with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that in the F.I.R. four persons have specifically been nominated and the applicant is not named therein. During investigation, husband of the deceased Sushil was arrested and in his confessional statement he disclosed the name of the applicant to have taken part in the commission of murder of his wife by strangulation. Except confessional statement of co-accused Sushil against the applicant there is no other evidence to connect with the crime.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Amar Pal involved in the aforesaid case crime number 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:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 11.11.2019
Dhirendra/
Amar Pal
Rajul Bhargava
As recorded by the court registry
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