Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11721 of 2021 Applicant :- Gaurav Opposite Party :- State of U.P.
Counsel for Applicant :- Manish Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Manish Kumar Tripathi, learned counsel for the applicant as well as Sri Rupak Chaubey learned AGA for the State and perused the material placed on record.
This bail application has been moved seeking bail in Case Crime No.517 of 2020 under sections 302, 34 I.P.C., Police Station Incholi, District Meerut, during the pendency of trial.
As per FIR, which has been lodged by Smt. Manju, who is mother of the deceased Guddu, the prosecution case is that on 28.11.2020 at about 4.00-5.00 p.m. evening the three accused named in the FIR had taken away the deceased, who were seen being taken away by her other son Lalla, thereafter the deceased did not return home and on 20.11.2020 in the morning, his dead body was lying in the field of sugarcane belonging to Mahendra. Somebody cut his neck and had committed his murder. In post-mortem report, the deceased is found to have sustained four injuries, which were the cause of the death.
The contention of the learned counsel for the applicant is that the applicant is innocent. His name is not mentioned in the FIR. The other son of the informant Lalla has taken his name as the person who was seen in company of the deceased along with other co-accused Gaurav son of Harendra and Ankur @ Kaley. As regards recovery, it is stated that no incriminating article/weapon has been made from his pointing out as the same has been recovered at the pointing out of co-accused Gaurav son of Harendra which is annexed at page-49 of the paper book. Besides that, there is only confessional statement of the accused- applicant as well as co-accused Gaurav son of Harendra. The applicant has criminal history of only one case which has been explained in paragraph no. 4 of the supplementary affidavit and he has been bailed out in the said case. The applicant is languishing in jail since 20.11.2020. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. opposed the bail prayer of the applicant and has apprised the Court that subsequent to that, one case was also imposed against the applicant being case crime no. 518 of 2020 under sections 379 and 411 IPC, P.S. Incholi, District Meerut in which recovery of a motorcycle has been made from the accused-applicant in which bail is still pending.
In the light of the aforesaid arguments, looking to the fact that no recovery of any incriminating article has been made from the accused and his name has come in the confessional statement of co-accused, there is no strong evidence on record to show that it was the applicant, who might have killed the deceased, taking into consideration the nature of offence, quantum of punishment, there are no chances of accused fleeing from justice, period of detention in jail, without expressing any opinion on the merits of the case, it is found to be a fit case for bail.
Let the applicant Gaurav involved in aforesaid case 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 AU