Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53463 of 2021 Applicant :- Anuj Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Adesh Kumar,Barkha Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
According to the prosecution version, deceased was having love affair with daughter of applicant. It has been alleged that on the night of 26.03.2021 at 10:00 PM the daughter of applicant has called the deceased to her house and he has gone there and after that on the next day his dead body was found in the pond, outside the village.
It has been argued by learned counsel for the applicant that applicant is innocent and he has not committed any offence. There is no eye-witness of alleged incident. It has been submitted that the only evidence shown against the applicant is that on the next day of incident, one Bachan Singh and Parik @ Vikky have made statements to the effect that on the night of incident at 11:30 PM applicant and co-accused persons were carrying a gunny bag in cart and the said gunny bag was wetty and thereafter on next day the said gunny bag was found in the pond and dead body of deceased was recovered from said gunny bag. Learned counsel submitted that the statements of these witnesses are not reliable and that statements of said Parik @ Vikky was recorded after 15 days of incident. It has been submitted that during investigation, one Shiv Kumar @ Shibbu was also introduced as witness and he has also stated that on the night of incident at about 10:00 PM he has seen that deceased was going to the house of accused persons and on the same night at 11:30 PM he has seen the applicant and co-accused persons were carrying gunny bag in the bullock cart. Learned counsel submitted that the statement of these witnesses have been recorded after 13 days of the incident, whereas he is stated maternal uncle of deceased and that he is a chance witness. Similarly the statement of Omveer and Omkar were also recorded, who have made a similar statements, but there is also long delay in recording their statements. It has been submitted that statements of these witnesses are thoroughly unreliable. The alleged recovery of stick and belt of deceased has been shown from the house of applicant but there is no independent witness of alleged recovery. It has further been submitted that the applicant is languishing in jail since 28.03.2021, 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. Lastly, it was submitted that similarly placed co- accused Mahipal Singh has already been enlarged on bail by this Court, copy of which has been annexed with the bail application.
Learned A.G.A. has opposed the prayer for bail and argued that deceased was a young boy and he was having love affair with daughter of applicant and there is evidence that on the night of incident he has gone to house of applicant to meet the said girl. It has been submitted that there is evidence that on the same night at 11:30 PM applicant and co-accused were seen while they were carrying dead body of deceased in the gunny bag in a cart and thereafter on the next day the dead body of deceased was recovered from that gunny bag which was lying in the pond outside the village. However it could not be disputed that the similarly placed co-accused Mahipal Singh has already been granted bail by this Court.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Anuj Kumar involved in Case Crime No. 128 of 2021, under Sections 147, 148, 149, 302, 201, 34 IPC, P.S. Mawana, District Meerut, 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 :- 17.12.2021 Anand