Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48655 of 2018 Applicant :- Amit Kumar @ Guddu Opposite Party :- State Of U.P.
Counsel for Applicant :- Sheshadri Trivedi,Ajay Kumar Pandey,Shri Satish Trivedi, Senior Advocate Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Vakalatnama filed by Sri Kailash Choudhary, Advocate on behalf of the informant is taken on record.
Heard learned counsel for the applicant, learned A.G.A., for the State and Sri Kailash Choudhary, learned counsel for the informant. Perused the record.
This bail application has been moved by the applicant Amit Kumar @ Guddu who is involved in Case Crime No. 379 of 2018, under Sections 147, 148, 149, 302, 120-B and 34 I.P.C., Police Station-Badhalganj, District-Gorakhpur.
As per prosecution version, on 23.8.2018 at about 8:00 PM co-accused Vivek Singh, Ankit Verma, Sanjay Singh @ Chhotey Singh, Ranjit and three unknown person had come at the residence of informant by two cars and took away Radhey Shyam husband of Smt. Soniya Devi @ Soni (informant). Later on they have committed murder of Radhey Shyam.
Learned counsel for the applicant contended that the applicant is not named in the FIR. No identification parade has been conducted by the police. Applicant was arrested on 28.8.2018 with other co-accused. On the basis of confessional statement of co-accused before the police, applicant has been made accused in this case. Later on statements of Bansh Bahadur Rai, Security Guard and Drigpal Yadav, Salesman of Petrol Pump were recorded on 19.10.2018 by the Investigating Officer who narrated the involvement of applicant in this case. Applicant has no criminal antecedents.
Learned A.G.A., has opposed the prayer for bail, however, admitted this fact that applicant has been made accused in this case on the basis of confessional statement before the police and the statements of Bansh Bahadur Rai and Drigpal Yadav. The statements of Bansh Bahadur Rai and Drigpal Yadav were recorded by the police after two months of the occurrence.
Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail. Let the applicant-Amit Kumar @ Guddu, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the C.J.M./Magistrate, concerned.
Application stands allowed.
Order Date :- 20.12.2018 Jaswant