Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48630 of 2018
Applicant :- Atar Pal
Opposite Party :- State Of U.P.
Counsel for Applicant :- Ardhendu Shekhar Sharma,Ram Babu Sharma
Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the parties and perused the record.
By way of instant bail application, prayer has been made to enlarge the applicant on bail in Case Crime No. 35 of 2018, under Sections 302, 201, 120B, 394, 411of the Indian Penal Code, 1860, Police Station - Dadon, District - Aligarh.
As per prosecution version, on 02.02.2018 at about 06.00 P.M., co-accused Cheeta came at the residence of informant and took Shilendra, son informant Urmila Devi with him. Later on, on 03.02.2018 at about 09.00 A.M., dead body of Shilendra was recovered from a field.
Learned counsel for the applicant contended that the applicant is not named in the F.I.R. He has been made accused in this case on the basis of extrajudicial confession of applicant and co-accused Babloo alias Lavkush before informant Urmila Devi, which was recorded on 12.04.2018 by the Investigating Officer. Co- accused Babloo alias Lavkush, having similar role to that of the present applicant, has already been enlarged on bail vide order dated 01.11.2018 passed by this Court in Criminal Misc. Bail Application No. 41580 of 2018 (Babloo alias Lavkush and State of U.P.). Other co- accused Saif Ali alias Semfli and Aakash alias Tomatar have also been admitted to bail vide orders passed by this Court in Criminal Misc. Bail Application No. 35574 of 2018 (Saif Ali alias Semfli and State of U.P.) dated 19.09.2018 and Criminal Misc. Bail Application No. 38734 of 2018 (Aakash alias Tomatar and State of U.P.) dated 29.10.2018. A false recovery of a mobile belonging to the deceased has been shown by the police on information of the applicant. In the F.I.R., it is not mentioned that mobile belonging to the deceased was lost. Moreover, the applicant has no criminal antecedents and is languishing in jail since 15.04.2018.
Per contra, learned A.G.A. has opposed the prayer for bail.
Co-accused Babloo alias Lavkush, having similar role to that of the present applicant, has already been enlarged on bail. Hence, the present applicant is also entitled to be enlarged on bail.
Without commenting on the merits of the case, considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
In view of above, the prayer so made is accepted and accordingly, the instant application stands allowed.
Let the applicant - Atar Pal be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned.
Order Date :- 20.12.2018
I. Batabyal