Court No. - 25
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2604 of 2019 Applicant :- Amar Pal Opposite Party :- State Of U.P.
Counsel for Applicant :- Manish Tiwary,Ashwini Kumar Awasthi Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Vakalatnama filed by Sri Yogendra Arya, Advocate, on behalf of informant, is taken on record.
Heard learned counsel for the parties and perused the record.
By means of this application, the applicant Amar Pal, who is involved in Case Crime No. 44 of 2018, under Sections 302/201 I.P.C. & 27 Arms Act, P.S. Nawabganj, District Bareilly, is seeking enlargement on bail during the trial.
In brief the accusation was that informant Smt. Savitri Devi, wife of deceased Ganga Ram, lodged a report on 11.02.2018 at Police Station Nawabganj with this contention that her husband Ganga Ram was being ready to attend a party at Pushp Vatika Barat Ghar on 10.02.2018 at 7.40 P.M., when call by unknown person from outside the home was made; he came out of the house and this informant also followed him; she saw four persons, namely, Amarpal, Omprakash, Mahendrapal and Dayaram @ Satish present there at; they were talking about attending above marriage feast; her husband went along with them and till morning of 11.02.2018 he did not turn up; she and her family members became panic and started search for him; his dead body was recovered from a canal and this murder was committed by the accused persons in village enmity. Hence this report. Subsequently, accused-applicant was apprehended and upon his pointing out a licenced revolver was recovered from his house.
It has been submitted by learned counsel for applicant that applicant is innocent; he has been falsely implicated in the present case; there is no eyewitness account of alleged offence of murder; in autopsy examination one wound of entry with one wound of exit over the person of deceased was found and that was the cause of death; no specific accusation to any of them is there as to who committed this firearm injury; the applicant has no criminal antecedents to his credit and he is languishing in jail since 16.02.2018.
Per contra, learned A.G.A. and learned counsel for informant vehemently opposed the prayer for bail, but has admitted that there is no criminal antecedents of the applicant; the accusation against him is of last seen that too in the night of 10.02.2018 when the deceased went with four persons for attending a marriage feast at Pushp Vatika; no eyewitness account of the occurrence of murder is there; no recovery of any incrementing article from his part, for making compare as to whether above licenced revolver of applicant was used in this occurrence of murder, was there.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Amar Pal be released on bail in Case Crime No. 44 of 2018, under Sections 302/201 I.P.C. & 27 Arms Act, P.S. Nawabganj, District Bareilly, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 22.1.2019 NS