Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11733 of 2021 Applicant :- Ganesh Opposite Party :- State of U.P.
Counsel for Applicant :- Yogesh Kumar Srivastava,Noor Muhammad Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Noor Muhammad, learned counsel for the applicant and Sri Rupak Chaubey, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 57 of 2019 under Sections 302, 395, 394, 412 and 34 I.P.C., P.S. Narkhi, District Firozabad.
As per F.I.R. which has been lodged by Padam Kishore who is son of the deceased stating therein that his father, Raj Bahadur Singh (deceased) had gone to sleep on tube-well as usual on 25.02.2019 after having taken food, then in the intervening night of 25/26.02.2019, he has been murdered by some unknown persons and tractor, Sonalica of blue colour bearing Registration No. 83 AJ 6692 has also been stolen away by the accused persons and dead-body of the deceased was kept on the place of occurrence. Post-mortem report shows that deceased has sustained three injuries on his person by which he died.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; four accused i.e. Ram Khiladi @ Uncle Raj, Monu Yadav @ Chinga, Praveen Kumar Yadav and accused applicant, Ganesh were arrested in Crime No. 369 of 2020 under Section 307 I.P.C. in police encounter case who are stated to have fled from the scene of occurrence and co-accused in their confessional statement have confessed to have committed this offence and they have also stated to be indulging in loot of the vehicles in a planned manner. Submission is that vehicle is shown not to have been recovered at the pointing out of the accused applicant or from his possession rather the same was recovered from accused Ram Khiladi @ Uncle Raj. There is no other incriminating evidence against the applicant except confessional statement of co- accused. He is in jail since 20.10.2020; he has criminal history of five cases which have been subsequently imposed against him after the present occurrence. Further he has argued that other co-accused i.e. Dileep @ Deepu, Monu Yadav Alias Chinga, Chhote @ Satendra Yadav, Allu @ Billu @ Shiv Veer Singh, Deepa Thakur @ Ganesh Singh have been allowed bail by Coordinate Benches of this Court, copy of the orders are annexed at page nos. 6 to 16 of the Supplementary-Affidavit. Applicant has also claimed parity with the co-accused; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
Looking to the quantum of the punishment, nature of the offence, there are no chances of accused fleeing from justice and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Ganesh involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Order Date :- 8.4.2021 A. Mandhani