Allahabad High Court
Seemu @ Bhondu vs State Of U.P. on 22 September, 2016
Bench: Naheed Ara Moonis
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32175 of 2016
Applicant :- Seemu @ Bhondu
Opposite Party :- State Of U.P.
Counsel for Applicant :- Sandeep Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
Applicant- Seemu @ Bhondu seeks bail in Case Crime No. 57 of 2016, under Section 302 IPC, Police Station Naugawan Sadat, District J.P. Nagar.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
It is submitted by the learned counsel for the applicant that an F.I.R. was lodged by the brother of the deceased Pritam against unknown persons on 3.3.2016 with allegation that when complainant alongwith the applicant and deceased Pritam were returning by motorcycle after selling vegetables heard sound of firing which hit the deceased who succumbed to the injuries. Later on the applicant made extra judicial confessional statement before the father of the deceased which was recorded on 20.5.2016 wherein he has disclosed that the applicant has committed the murder of his son. It has been submitted by the learned counsel for the applicant that the applicant has been implicated in the said case on suspicion.
It is further submitted that one Rakesh Chauhan has eloped with the sister of the applicant on account of which some quarrel took place between the applicant and co-accused Rakesh Chauhan. The co-accused Rakesh Chauhan fired at the applicant which hit the deceased Pritam, who succumbed to the injuries. The applicant has been falsely implicated on the basis of extra judicial confessional statement after lapse of 2 1/2 months.
It is further submitted that the applicant who is not named in the F.I.R. but his complicity has been made in the crime merely on suspicion. The applicant is languishing in jail since 26.5.2016 and has no criminal history to his credit deserves to be released on bail. In case the applicant is released on bail he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail. In case the applicant is allowed to be released on bail, he will tamper with the prosecution evidence and shall flee away from the judicial process.
Having considered the nature of accusation, severity of punishment but without expressing any opinion on the merits of the case, let the applicant Seemu @ Bhondu involved in aforesaid crime 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. He will cooperate in the trial bonafidely without seeking adjournments.
3. He shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court
Order Date :- 22.9.2016
RU
