Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2405 of 2019 Applicant :- Dharmendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Lal Mani Singh,Raghuvir Sharan Singh Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contends that applicant has been falsely implicated; that as per averments made in First Information Report lodged on 3.10.2016 at about 6.00 a.m. Surendra, the husband of first informant was coming back from jungle after attending call of nature and when he reached at the house of Meghnath, applicant and his brother Bhura fired at him and caused his death and incident was seen by her as well as her daughter; that postmortem examination report of deceased states that deceased sustained one firearm wound of entry and three incised wounds of which no explanation was given in the First Information Report as well as in statement of first informant under section 161 Cr.P.C. recorded on 3.10.2016; that subsequent to postmortem of body of the deceased in additional statement under section 161 Cr.P.C. the daughter of first informant by way of improvements stated that firearm injury was caused to deceased by applicant while co- accused Bhura caused him injuries by knife; that recovery of knife from co-accused Bhura on police custody remand on 17.11.2016 from public place has falsely been planted of which there is no independent witness; that deceased happens to be Chacha of applicant and applicant had no motive to cause death of his Chacha; that it appears that murder of deceased was committed by some unknown persons who could not be identified and applicant has been falsely implicated on the basis of suspicion; that nothing incriminating has been recovered from the possession of applicant; that co-accused Bhura has been granted bail by this Court vide order dated 20.12.2018 passed in Criminal Misc. Bail Application No.23051 of 2017, copy at Annexure-9; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 9.10.2016.
Learned AGA vehemently opposed the prayer for bail.
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 applicant Dharmendra be released on bail in Case Crime No.202 of 2016 under sections 302/34 I.P.C. PS. Vishungarh, District Kannauj, 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 applicant 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 he is 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 applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant 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 applicant to prison.
Order Date :- 21.1.2019 Kpy