This court allowed bail to an applicant falsely implicated in a murder case where co-accused were already on bail, imposing standard conditions including non-interference with witnesses and regular court appearances.
The applicant was enlarged on bail on executing a personal bond and two sureties in like amount.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46274 of 2020
Applicant :- Sri Niwas Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It is submitted by the learned counsel for the applicant that applicant has been falsely implicated in the present case. It is further submitted applicant was not named in the F.I.R. No incriminating material was recovered from the possession of applicant and there is no evidence of 'last seen'. It is next submitted that whole prosecution story is based upon extra judicial confession of Sri Niwas before the village Pradhan Sri Vinod Kumar. It is also submitted that other co-accused Kanikram, Rohit and Prithviraj have been granted bail by this Court vide order dated 14.12.2020 passed in Criminal Misc. Bail Application No. 44765 of 2020, therefore, applicant is also entitled to be released on bail. Applicant has no criminal history and he is in jail since 13.06.2020, undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant- Sri Niwas , involved in Case Crime No. 131 of 2020, under Sections- 302, 201 I.P.C., Police Station- Walterganj, District Basti, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.
This bail order would be subject to the fulfilment of following conditions:-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 22.1.2021 Rmk.
1 issue framed by the court
Whether the applicant should be released on bail given the lack of incriminating material in his possession and the presence of other co-accused on bail.
1 provisions across 1 enactments
Sri Niwas
State of U.P.
Neeraj Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
