Sanjeev @ Shewa vs State Of U.P.
2016 Latest Caselaw 4272 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23283 of 2016
 

 
Applicant :- Sanjeev @ Shewa
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Santosh Kumar Shukla,Ram Surat Saroj
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Sri Ram Surat Saroj, advocate filed vakalatnama on behalf of applicant and supplementary affidavit filed on behalf of applicant be taken on record.

Heard learned Counsel for the applicant, learned  A.G.A. and perused the record.

Learned counsel for the applicant submits that initially a gumsudgi report was lodged by brother of deceased on 27.02.2016. The dead body of the deceased was recovered on 28.02.2016 in the pond of backside of Indra Prasth Colony. In this regard, uncle of deceased namely Munawwar had given an information on 28.02.2016. Thereafter, complainant Yasin lodged the F.I.R. against co-accused Lavkush. The applicant is not named in the F.I.R. The name of applicant came into light during investigation. Witnesses Ahsan and Nanhey are said to be the witness of extra judicial confession. It is said that applicant and other co-accused confessed their guilt before above witnesses. In fact the applicant has not confessed his guilt before above witnesses or anyone. There is no direct evidence against the applicant. The applicant has falsely been implicated in the present case. Nothing incriminating article has been recovered from the possession of applicant or on his pointing out. There is no criminal history of the applicant and is in jail since 30.05.2016.

Per contra, learned A.G.A. opposed the prayer for bail.

Having given my thoughtful consideration to the submission of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.

Let the applicant Sanjeev @ Shewa involved in Case Crime No.201 of 2016, under Sections 302, 201/34 I.P.C., Police Station Loni Border, District Ghaziabad, 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:

1.   The applicant will not tamper with the evidence. 

2.   The applicant will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial.

3.   The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall be at liberty to  cancel the bail of the applicant.

Order Date :- 15.7.2016

Jitendra