Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8148 of 2019 Applicant :- Home-Guard Ved Prakash Opposite Party :- State Of U.P.
Counsel for Applicant :- Bipin Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that applicant has been falsely implicated; that as per averments made in FIR lodged by Robin Tyagi on 26.11.2018, his father Satyaveer Tyagi was Sub-Inspector in police department at P.S. Mahrera, District Etah and previously he was Head Moharir at P.S. Baradari and was handing over charge of Malkhana at P.S. Baradari and at about 2.30 p.m. on 26.11.2018 he got a telephonic information that his father is lying dead at his Government quarter in a pool of blood with 12 bore revolver in his right hand along with a diary on bed containing a suicide note and also during his posting as Head Moharir at P.S. Baradari applicant Ved Prakash, Home Guard was assisting him, who misappropriated considerable mall/material from Malkhana and apprehending of his insult and possibility of sending him to jail, his father has committed suicide by shooting himself; that alleged suicide note mentioned in diary of deceased contains a wrong story with allegations of usurping materials from Malkhana by applicant; that undisputedly applicant was on duty at P.S. Baradari only up to 20.12.2016 and it is absolutely wrong to say that he misappropriated or usurped any material from Malkhana; that deceased was himself Incharge of Malkhana and if he himself misappropriated or usurped any material therefrom, applicant may not be held responsible being his assistant for the time being; that deceased also deposited a sum of Rs.2,65,000/- with Government towards value of part of misappropriated goods; that applicant did not cause any abetment to deceased for committing suicide after a period of around two years of leaving duty; that applicant has explained his criminal history in para 18 of the affidavit given in support of bail application and he was falsely implicated in as many as eight cases after his arrest in this case, in all of which he has been granted bail; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 7.9.2018.
Learned A.G.A. vehemently opposed prayer of bail and contended that applicant is real culprit, who firstly misappropriated valuable goods from Malkhana taking undue advantage of his being assistant of deceased and later on compelled him to commit suicide.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment 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 Home-Guard Ved Prakash be released on bail in Case Crime No. 1712 of 2018, under Section 306 I.P.C., P.S. Baradari, District Bareilly, 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 :- 26.2.2019 T. Sinha