Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48641 of 2018 Applicant :- Dharmendra And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Sangam Lal Kesharwani,Ajay Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicants, learned A.G.A., for the State and perused the record.
This bail application has been moved by the applicants Dharmendra and Deepesh @ Goli who are involved in Case Crime No. 878 of 2018, under Section 302 I.P.C., Police Station-Malpura, District-Agra.
As per prosecution version, the dead-body of Padam Singh father of informant Saurabh was recovered on 31.7.2018 in the morning. After three days of the occurrence i.e. on 3.8.2018 at 8:25 PM, informant has lodged first information report against unknown person. During investigation, the name of the applicants came into light.
Learned counsel for the applicants contended that applicants have been made accused in this case on the basis of last seen evidence of witness Anish and Sunil whose statements were recorded on 21.8.2018 by the Investigating Officer. It is also alleged that applicants and other co- accused have made extra judicial confession before witnesses Om Prakash and Narendra Singh. Applicants have no criminal antecedents.
Learned A.G.A., has opposed the prayer for bail, however, admitted this fact that on the basis of statements of Anish, Sunil, Om Prakash and Narendra Singh, applicants have been made accused in this case.
Statements of Anish and Sunil, who are resident of village belonging to informant were recorded on 21.8.2018 i.e. after 21 days of the occurrence.
Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicants on bail. Let the applicants-Dharmendra and Deepesh @ Goli, be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties of the like amount each to the satisfaction of the C.J.M./Magistrate, concerned.
Application stands allowed.
Order Date :- 20.12.2018 Jaswant