Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4327 of 2019 Applicant :- Balveer Opposite Party :- State Of U.P.
Counsel for Applicant :- Arjun Singh Solanki Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Sri Saral Singh filed his Vakalatnama on behalf of first informant is taken on record.
Heard Sri Arjun Singh Solanki, learned counsel for applicant, Sri Saral Singh, learned counsel for first informant, learned A.G.A. and perused the record.
Learned counsel for applicant contends that applicant is not named in FIR lodged under Section 460 IPC on 22.07.2017 against unknown thieves who committed murder of Sunil Chauhan during theft; that during investigation, in statements of first informant as well as Renu Devi, widow of Sunil Chauhan deceased, names of Vipin, Nanhe, Manju, Shamshad, Naseer and Jogendra were disclosed as the real culprits, and upon investigation charge sheet was filed against three of them under Section 396 IPC; that subsequent thereto on 23.03.2018 after a period of about 8 months of incident by way of improved, a new story was introduced through application by first informant allegedly upon subsequent disclosure of facts by widow of deceased implicating Devendra, Manju, Jaiveer, Balveer and 2-3 unknown persons as the real culprits instead of Vipin, Nanhe and others, and after a period of another 15 days thereafter on 07.04.2018, statement of Renu, widow of deceased was recorded with regard to the involvement of applicant, Devendra and Manju etc. on account of political rivalry with Devendra Pradhan; that applicant had no motive to cause death of Sunil Chauhan and he had no election rivalry with him; that applicant neither entered the house of first informant nor committed any theft nor caused any fatal injuries to deceased with the sabbal or otherwise; that charge sheeted accused Vipin, Nanhe and Devendra have been granted bail by other Benches of this Court vide orders dated 04.12.2017 and 20.12.2018 passed in Criminal Misc. Bail Application Nos. 47263 of 2017 and 48556 of 2018, copy filed at Annexure No. 14; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 15.09.2018.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment, grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Balveer be released on bail in Case Crime No. 193 of 2017 under Sections 147, 148, 149, 302, 120-B I.P.C., P.S. Sikandarpur Vaishya District Kasganj on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 30.1.2019 M. ARIF