Allahabad High Court
Neeraj vs State Of U.P. on 29 November, 2017
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 31
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9393 of 2017
Applicant :- Neeraj
Opposite Party :- State Of U.P.
Counsel for Applicant :- Aditya Prasad Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Short counter affidavit filed on behalf of State be taken on record.
This is the second bail application of the applicant. The first bail application of the applicant was rejected on merit by this court vide order dated 8.8.2016.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that the applicant is not named in the first information report. The name of applicant came into light during investigation. The witnesses Nand Kishor @ Nandu and Murari Saini are said to be the eye witnesses of the alleged incident. During trial the statements of Nand Kishor @ Nandu and Murari Saini have been recorded as p.w. 2 and 3. In their statements the above witnesses have not supported the prosecution version and have been declared hostile. In their statements, the above witnesses have clearly stated that the applicant has not committed the murder of deceased. It has further been submitted that there is no other cogent evidence against the applicant. A country made pistol of 315 bore which was shown to be recovered from the possession of the applicant has not tallied with recovered cartridges in ballistic expert report dated 14.11.2017. It has further been submitted that the applicant has not committed the alleged offence and he has been falsely implicated in this case. The criminal history of the applicant has been explained in paragraph no. 20 of the affidavit filed in support of bail application. The applicant is in jail since 25.2.2016.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions 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 Neeraj involved in S.T. No. 530 of 2016, Case Crime No. 540 of 2015, under Section 120-B, 302 IPC Police Station Mawana, District Meerut 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 evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he 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 :- 29.11.2017/Gss
