Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48556 of 2018 Applicant :- Devendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohammad Khalid Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned counsel for opposite party and learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused-applicant Devendra, who is involved in Case Crime No. 193 of 2017, under Sections 147, 148, 149, 302, 120B IPC, Police Station - Sikandarpur Vaishya, District - Kasganj.
As per prosecution version, on 22.07.2017 at about 2:00 AM, in night some unknown miscreants committed loot and murder of Sunil Chauhan. Later on, in statement of Smt. Renu wife of deceased, name of applicant came into light.
It is contended by learned counsel for the applicant that applicant is not named in the F.I.R. and he is falsely implicated in this case due to enmity. Nothing incriminating thing has been recovered from the possession of applicant. Applicant has been made accused only on the basis of statement of Smt. Renu wife of the deceased. Applicant has no criminal antecedents.
Per contra, learned A.G.A. has opposed the prayer for bail. However, admitted this fact that due to fear Smt. Renu has not stated before the Investigating Officer for a long time.
Renu is the wife of the deceased Sunil Chauhan. Applicant is not named in the F.I.R. Renu was interrogated by the Investigating Officer on 13.11.2017 after about four months of occurrence.
Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail. Let the applicant- Devendra, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the C.J.M./Magistrate, concerned.
Application stands allowed.
Order Date :- 20.12.2018 VG..