Suraj Thakur vs State Of U.P.
2019 Latest Caselaw 6377 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24789 of 2016
 

 
Applicant :- Suraj Thakur
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Ravindra Pratap Singh,Manish Tiwary,Shahabuddin
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sudhir Agarwal,J.

1. Heard Sri Atharv Dixit, Advocate, holding brief of Sri Manish Tiwari, learned counsel for the applicant, learned A.G.A. appearing for State and perused the record.

2. The present bail application has been moved by accused-applicant for enlarging him on bail in Case Crime No. 473 of 1999, under Section 302 IPC and Section 3(2) 5 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Vijay Nagar, District Ghaziabad.

3. Learned counsel for applicant submits that applicant is named in FIR but Informant in trial has turned hostile and has said that he has not seen the person, who has committed murder. Co-accused Vinod and Sunil Kumar, who were assigned similar role, have been enlarged on bail by this Court vide orders dated 31.8.2010 and 13.9.2010 passed in Criminal Misc. Bail Application Nos. 24013 of 2010 and 8570 of 2010 respectively. There is no chance of applicant of fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not seek any unnecessary adjournment during trial. The applicant is having no criminal antecedents. The applicant is in jail since 17.6.2016 and in case he is enlarged on bail, he will not misuse liberty of bail.

4. Learned A.G.A. has opposed the prayer for bail.

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5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.

6. The application is allowed.

7. Let applicant, Suraj Thakur involved in Case Crime No. 473 of 1999, under Section 302 IPC and Section 3(2) 5 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Vijay Nagar, District Ghaziabad be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:

(i) The applicant will not temper with the evidence during trial.

(ii) The applicant will not pressurize/intimidate the prosecution witness.

(iii) The applicant will appear before Trial Court on the date fixed.

(iv) The applicant shall report to the Police Station concerned in the first week of each month to show her good conduct and behaviour.

8. In case of breach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.

Order Date :- 1.8.2019

KA