Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49052 of 2018 Applicant :- Chandra Bhan @ Chhote Opposite Party :- State Of U.P.
Counsel for Applicant :- Mahadeo Singh Chandel Counsel for Opposite Party :- G.A.,Amit Kumar Dixit
Hon'ble Harsh Kumar,J.
Supplementary counter affidavit filed by learned counsel for first informant is taken on record.
Heard Sri Mahadeo Singh Chandel, learned counsel for applicant, Sri Amit Kumar Dixit, 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 and in this case based on circumstantial evidence there is no incriminating evidence against applicant; that as per averments made in FIR lodged after inordinate delay of two days on 18.06.2018, Shailendra, son of first informant was strangulated to death in Chapper adjoining his house in the night of 15/16.06.2018, and his body was hanged with a sari to give it colour of suicide; that it is also contended in FIR upon enquiry, it was found that Dheerendra @ Maulana along with his brother Dharmendra and his friends strangulated him to death as Maulana used to outrage modesty of girls in his locality and had been opposed by deceased several times; that name of applicant has surfaced for the first time in additional statement of first informant under Section 161 Cr.P.C. recorded after inordinate delay of more than 20 days on 07.07.2018 wherein a new and false story was set up by stating that since deceased was a person having affair with several girls as well as sister-in-law of applicant's elder brother, so applicant had slept with deceased on same cot in the fateful night and strangulated him to death; that above afterthought story is absolutely false, incorrect and highly improbable; that applicant had no reason or motive to cause death of deceased; that applicant neither slept with deceased nor strangulated him to death; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 23.07.2018.
Learned A.G.A. and learned counsel for first informant vehemently opposed the prayer of bail and contended that there is no reason to falsely implicate of applicant rather there is evidence of witnesses who seen him last with deceased at the time of returning from a function in the night in question and he also slept with deceased on same cot; that involvement of applicant was not known at the time of lodging of FIR so he was not named in FIR.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment, 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 Chandra Bhan @ Chhote be released on bail in Case Crime No. 119 of 2018 under Section 302 I.P.C., P.S. Kotwali Dehat District Banda 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 :- 21.1.2019 M. ARIF