Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47751 of 2018 Applicant :- Chhotu Alias Shani Opposite Party :- State Of U.P.
Counsel for Applicant :- M.P.S. Chauhan Counsel for Opposite Party :- G.A.
And
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47807 of 2018 Applicant :- Jitendra Opposite Party :- State Of U.P.
Counsel for Applicant :- M.P.S. Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Sri Aishwarya Pratap Singh filed his Vakalatnama on behalf of first informant.
Two applications arises from one and same case crime number, so were heard together and being disposed of by a common order.
Heard M.P.S. Chauhan, learned counsel for applicants, Sri Aishwarya Pratap Singh, learned counsel for first informant, learned A.G.A. and perused the record.
Learned counsel for applicants contend that applicants are real brothers, and applicant Chhotu is named in FIR while applicant Jitendra is not named in FIR; that as per averments made in FIR lodged by Krishna Pratap Singh, his brother Shyam Pratap Singh left for taking dinner at about 10:00 p.m. on 08.03.2017 at Yadav Hotel Lavkush Nagar Tiraha Vijaygarh by his Bolero vehicle along with applicant Chhotu and co-accused Dheeraj and a missing report was given at police station Vijaygarh after which today on 19.03.2017 at about 04:00 p.m. some children informed that dead body of Shyam Pratap Singh has been found in village Vistauli (applicant's village); that upon postmortem of dead body of deceased on 20.03.2017, autopsy surgeon opined that time since death is about 4-5 days, and death has caused due to asphyxia as a result of ante-mortem drowning; that body of deceased was recovered from a pond on roadside; that there is no incriminating evidence against applicants; that prosecution witnesses Yogesh and Shyamveer have stated to have seen that deceased with applicant Chhotu in the night of 08.03.2018 at Yadav Hotel, and thereafter, at about 11:30 p.m. near Jatwan Chowk when he was allegedly going with named accused persons; that above evidence of last seen is inadmissible, in view of fact that according to postmortem report, death of deceased had taken place around 15.03.2018, and there is no proximity between 08.03.2018 the date of last seeing him with accused persons; that applicant Chhotu has been falsely implicated on the basis of suspicion and no role has been assigned to any of the two applicants; that applicants had no motive to cause death of deceased Shyam Pratap Singh; that nothing incriminating has been recovered from applicants and recovery of pillow at the pointing of co- accused Dheeraj, from the house of applicants, has been falsely planted, of which, there is no independent witness; that co-accused Dheeraj on whose having recovery was made, has been granted bail by another Bench vide order dated 25.08.2017 passed in Criminal Misc. Bail Application No. 31371 of 2017; that applicant Chhotu has no criminal history and applicant Jitendra has explained his criminal history in para 14 given in support of bail application; that applicants are not previous convict; that applicants undertake that they will not misuse the liberty of bail; that applicants Chhotu and Jitendra are in custody since 18.10.2018 and 15.10.2018 respectively.
Learned A.G.A. and learned counsel for first informant vehemently opposed the prayer of bail and contended that reward was declared on applicant Chhotu, and applicants have been arrested after long time.
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 applicants Chhotu Alias Shani and Jitendra be released on bail in Case Crime No. 36 of 2017 under Sections 302, 201 I.P.C., P.S. Vijaygarh District Aligarh 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 applicants 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 they are 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 applicants will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicants 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 applicants to prison.
Order Date :- 18.12.2018 M. ARIF