Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 407 of 2019 Applicant :- Deepak And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Sumit Pandey Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicants, learned A.G.A and gone through the record.
This bail application has been moved on behalf of accused- applicants 1. Deepak and 2. Vijay @ Vinod Kumar, who are involved in case crime no. 151 of 2018 under Section 302 I.P.C., Police Station- Gangiri, District- Aligarh.
As per FIR, at about 11:00 p.m on 18.06.2018 when the deceased was sleeping at the tube-well of Chandrapal, he was murdered by slitting his throat with spade, and upon noise Sodan Singh who was sleeping on another cot at the distance of about one meter, woke up and seen the deceased. It was also alleged in FIR that about 20 days ago, deceased had sold his 1 bigha land and since then, his family members were annoyed with him.
Learned counsel for applicants submits that applicants are son of the deceased, not named in FIR and have falsely been implicated on the basis of statements of first informant and other witnesses under Section 161 Cr.P.C. who have pointed finger of doubt towards applicants as well as all sons, daughter and wife of deceased; that entire prosecution story is absolutely false and incorrect; that this case is based on circumstantial evidence and there is no incriminating evidence against applicants; that at the time of murder of his father both the accused applicants were residing outside the village. It is further submitted that co-accused Maharaj Singh has been granted bail by co-ordinate Bench of this Court in Cr. Misc. Bail Application No. 46449 of 2018 by order dated 19.12.2018, copy of the order is annexed at annexure-6 to the affidavit accompanying this bail application. It is lastly contended that applicants were languishing in jail since 29.8.2018 and 14.8.2018 having no previous criminal history.
Learned A.G.A. vehemently opposed the prayer of bail but granting bail to co-accused has not been disputed.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicant is entitled for bail.
Let the above named applicants involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicants shall not tamper with the prosecution evidence, shall cooperate in investigation or trial and shall not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :-30.9.2019//Fhd.