Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40540 of 2019 Applicant :- Dharmendra Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Anand Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Ashish Goyal, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant, Sri Mayank Mishra, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against unknown person alleging that on 20.4.2019, some unknown person killed Arif @ Rinku. According to postmortem report, four injuries were found on the body of deceased; cause of death was found strangulation and hyoid bone was found fractured. During investigation, names of Salman, Dharmendra and Devendra Srivastava were surfaced and it was found that deceased transferred rupees six lacs in favour of Salama through RTGS but he did not want to return the said money to deceased hence, Salman killed Arif @ Rinku with the Dharmendra Kumar. Angauchha used in the crime was recovered at the pointing out of Salman.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Applicant was not named in the F.I.R. During investigation, the name of applicant was surfaced after 18 days of incident in the confessional statement of co- accused Salman after thought and due legal consultation. There are general allegations against the applicant. Offences levelled against the applicant are not attracted in the present case. Motive is also against co-accused Salman. Main role of assault was assigned to co-accused Salman and agauchha used in the crime was recovered at the pointing out of co-accused Salman. The case of applicant is distinguishable from co-accused Salman. Applicant is neither the relative of co-accused Salman nor the beneficiary of said money. There is no independent witness and no legal evidence against the applicant except the confessional statement of co-accused Salman before the police personnels. He is languishing in jail since 14.5.2019 (more than four and half months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant oppose the prayer for bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Dharmendra Kumar involved in Case Crime No. 263 of 2019, under Sections 302, 406, 404, 120-B IPC, Police Station Etmaddaula, District Agra be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.9.2019 A. Singh