Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38461 of 2018 Applicant :- Dileep Prajapati Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Kumar Pandey Counsel for Opposite Party :- G.A. and Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38464 of 2018 Applicant :- Sandeep Prajapati Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Vijay Kumar Pandey, learned counsel for the applicants and the learned A.G.A. for the State and perused the record.
Since both these bail applications arise out of the same case crime number, therefore, they are being disposed of by a common order.
The present bail applications have been filed by the applicants-Dileep Prajapati and Sandeep Prajapati in Case Crime No.138 of 2018, under Sections 147, 302, 201, 34 I.P.C., Police Station Kaptanganj, District- Kushinagar with the prayer to enlarge them on bail.
As per the prosecution case, an information was given by the Village Pradhan on 11.2.2018 at 10.00 A.M. that dead body of one man has been thrown from a white Bolero by some persons. The applicants and another accused were arrested by the police on 25.2.2018 in which they have confessed about their guilt and stated that the deceased was their brother, Deep Chand and he was a drunkard, on account of which a fight ensued between them and their father Bhola gave blow by a wooden log on his head due to which he succumbed to the injuries, then they threw his dead body. It is argued that except confessional statement of the applicants and other accused before the police, there is no other credible evidence to connect them with the present crime. Recovery of wooden log has been made from joint possession of the applicants and other accused. There is no early prospect of conclusion of trial. So, the applicants, who are in jail since 27.2.2018, having no criminal history to their credit, deserve to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicants but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicants are entitled to be released on bail.
Let applicants-Dileep Prajapati and Sandeep Prajapati be released on bail in the aforesaid case crime number on each of them furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicants shall not tamper with the prosecution evidence;
2. The applicants shall not pressurize the prosecution witnesses;
3. The applicants shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicants.
Order Date :- 31.10.2018 MN/-