Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44355 of 2018 Applicant :- Girraj Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Ankit Agarval Counsel for Opposite Party :- G.A.
Connected with
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44669 of 2018 Applicant :- Gajendra Opposite Party :- State Of U.P. Counsel for Applicant :- Ankit Agarval Counsel for Opposite Party :- G.A.
Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the parties and perused the record.
By way of instant bail application, prayer has been made to enlarge the applicants on bail in Case Crime No. 631 of 2018, under Sections 364, 436, 120B, 302 and 201 of the Indian Penal Code, 1860 Police Station - Sikandrabad, District - Bulandshahr.
As per prosecution version, on 16.07.2018 at about 12.00 noon, co-accused Ranki alias Rakesh and Lala enticed and took away Neeraj (deceased), brother of the informant by Santro Car of Neeraj, which was followed by another car in which the applicants with other co-accused - Rajveer, Ballu, Rajendra and Subhash were present.
Learned counsel for the applicants contended that the applicants - Girraj Yadav and Gajendra have been made accused in this case only on the basis of the confessional statement of co-accused Rajveer. There is no evidence against the applicants to be involved in the present case. Nothing incriminating has been recovered either from the possession of the applicants or on information. As per prosecution version, role of the applicants was in concealing the dead body of deceased Neeraj. Co- accused Arun Yadav alias Titu has already been admitted to bail vide order dated 26.10.2018 passed by this Court in Criminal Misc. Bail Application No. - 40148 of 2018 (Arun Yadav alias Titu v. State of U.P.). The applicants are languishing in jail since 17.09.2018 and 04.09.2018, respectively.
Per contra, learned A.G.A. has opposed the prayer. This is a case of circumstantial evidence.
Without commenting on the merits of the case, considering the facts and circumstances of the case, I find it a fit case for enlarging the applicants on bail.
In view of above, the prayer so made is accepted and accordingly, the instant application stands allowed.
Let the applicant - Girraj Yadav and Gajendra be released on bail in the aforesaid case crime number on their furnishing a personal bond and two sureties each of the like amount to the satisfaction of the C.J.M. concerned.
Order Date :- 27.11.2018 I. Batabyal