Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3858 of 2019 Applicant :- Anil Khangaar Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Singh Sengar Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the F.I.R. of the alleged incident has been lodged against thekedar Mayadeen and Rameshewar Kushwaha. In the F.I.R it has been mentioned that the contractors have sent the deceased on 14.11.2018 with the applicant and the co-accused Khem Chand @ Fulloo Anuragi in an auto to unload the Damar oil and some wood, thereafter, on 15.11.2018 the dead body of the deceased was found near a road in between village Mahua and Bharwara. It has further been submitted that the applicant had not caused any injury to the deceased. The name of the applicant came into light in the confessional statement of the applicant and the co- accused Khem Chand @ Fulloo Anuragi. There was no motive to the applicant to commit the murder of the deceased. Nothing incriminating article has been recovered from the possession of the applicant or on his pointing out. There is no eye witness of the alleged occurrence. There is no cogent evidence against the applicant to connect him with the alleged crime. There is no criminal history of the applicant and is in jail since 26.11.2018.
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 Anil Khangaar involved in Case Crime No.249 of 2018, under Section 304, 201 IPC Police Station Panwadi District Mahoba 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 :- 29.1.2019 Gss