Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26689 of 2021 Applicant :- Angad @ Mintu Opposite Party :- State of U.P.
Counsel for Applicant :- Dharmendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Affidavit of compliance, filed by the learned A.G.A. for the State, is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
According to the prosecution version, the first informant Amit has lodged the first information report on 15.02.2021 at 11:32 hours alleging that on 14.02.2021 at 10:00 PM his father Pawan (deceased) has gone to his agricultural land to drive out the wild animals but when he did not return till the morning of next day, applicant and his family members came at the agricultural land and found that deceased Pawan was lying murdered. The first information report was lodged against unknown person. It appears that during investigation, it was found that first informant has got murdered his father from applicant and co- accused Neeraj @ Chunda.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It has been submitted that there is no eye-witness of alleged incident and that only the evidence shown against the applicant is that one Sravan has made statement to the effect that on the night of incident at about 10:00 PM he has seen that applicant and co- accused Neeraj were sitting on the tube-well of deceased and they were having a pipe. It has been submitted that except the said statement, there is no other evidence against the applicant and that alleged recovery of pipe, shown from joint pointing out of applicant and co-accused Neeraj, is false and baseless and that no independent witness of alleged recovery has been shown. The applicant has no motive at all to cause death of deceased. Learned counsel submitted that despite specific direction of this Court, prosecution could not show evidence regarding alleged conversation between applicant and co-accused Neeraj and even otherwise that conversation would not indicate the involvement of applicant in the incident. It has been further submitted that the applicant is languishing in jail since 15.02.2021, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail and argued that during investigation, it was found that first informant has got murdered his father by the applicant and co-accused persons and that on the night of incident at 10:00 PM applicant and co-accused were seen near the spot and they were having a pipe. It was submitted that mobile phone of applicant was also seized and it was used in making call relating to conspiracy to commit murder of deceased.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Angad @ Mintu involved in Case Crime No. 34 of 2021, under Sections 302, 120B IPC, P.S. Adarsh Mandi, District Shamli, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 7.10.2021/A. Tripathi