Court No. - 25
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2743 of 2019 Applicant :- Ganga Prasad @ Dhirendra @ Maulana Opposite Party :- State Of U.P.
Counsel for Applicant :- Rishikesh Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant over bail application moved by Ganga Prasad @ Dhirendra @ Maulana in Case Crime No. 119 of 2018, under Section 302 I.P.C., Police Station Kotwali Dehat, District Banda and learned A.G.A. for the State as well as Sri Amit Kumar Dixit, learned counsel for the complainant.
The First Information Report of above case crime number under above section was got registered at Police Station Kotwali Dehat on 18.06.2018 at about 23:08 P.M. upon the report of Chhedi Lal against Ganga Prasad @ Dhirendra @ Maulana, Dharmendra and one other friend, with the contention that complainant's son Shailendra Kumar aged about 23 years was student of Jawahar Lal Nehru Degree College and he was murdered in the night of 15/16.6.2018 and was hanged for giving color of suicide whereas he was with no enmity for such murder by someone except Ganga Prasad @ Dhirendra @ Maulana and Dharmendra. There was a quarrel between the deceased and the applicant and others.
Prior to this registration of case crime number an information of suicide was given by the informant upon which inquest proceeding and autopsy examination was got conducted and death owing to strangulation was found, then after this case was got registered.
According to prosecution case the accused-applicant along with those other accused committed this offence.
Learned counsel for the applicant submitted that one application on behalf of the complainant was moved before the Police personal on 16.6.2018 alleging that his son Shailendra Kumar has committed suicide in the night of 16/17.6.2018. After postmortem and inquest it was found that there were three injuries-two ligature marks and one abrasion. Cause of death was found strangulation. Then F.I.R. was lodged on the basis of suspicion only and main role of enmity was assigned against Ganga Prasad @ Maulana. Subsequently, one name of Chandrabhan was also disclosed. It is not clear that who had caused injury to deceased. According to statement of the father of Shailendra Kumar (deceased), the deceased was the bad character and there was illicit relation, hence he might have committed suicide or might have been killed by any other person and only on suspicion the applicant has been falsely implicated, there is no eye witness account; the applicant is languishing in jail since 7.7.2018 (near about six months); having no criminal history; the applicant is innocent and has been falsely implicated in the present case, there is no independent witness and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. as well as learned counsel for the complainant 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 and also admitted that the case of the present applicant is identical to the case of co-accused Dharmendra, who has been enlarged on bail by this Court vide order dated 2.1.2019 in Criminal Misc. Bail Application No. 48719 of 2018.
Admittedly, informant was not the eye-witness account of the occurrence. He lodged the criminal machinery by showing the suicide by deceased. Subsequently, it was found to be death owing to strangulation, hence, after three days, the offence of murder was got registered and the suspicion was made on the ground of incident of quarrely occurred one month prior. On the one hand it is being said that threat of dier consequences by the accused-applicant and on the other hand it has been said that deceased was in company of accused-applicant and others while visiting some Tilak Samaroh and when seen by other persons. There was no threat of death till then and he was in company of accused-persons.
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 Ganga Prasad @ Dhirendra @ Maulana be released on bail in Case Crime No. 119 of 2018, under Section 302 I.P.C., P.S. Kotwali Dehat, District Banda, 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 :- 22.1.2019 Kamarjahan