Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14897 of 2020 Applicant :- Jaypal Patel Opposite Party :- State of U.P.
Counsel for Applicant :- R.B. Singh,Raksha Chauhan,Rishi Kant Rai Counsel for Opposite Party :- G.A.,Kuldeep Johri
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Jaypal Patel, in Case Crime No. 99 of 2016, under Sections 302, 201 and 34 I.P.C. Police Station-Chandpur, District- Fatehpur.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 06.12.2019; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. Two times, there was final report after investigation in this case crime number and finally charge-sheet was submitted. After third investigation statements of two witnesses were taken, after more than three years, who claimed to be eye witnesses of quarrel occurred in between in that night of alleged occurrence, but they are not witnesses of giving assault or causing murder of deceased. Rather, they are witnesses of alleged quarrel in between. The recovery of dead body was after information given by applicant to police that dead body is lying in well near above occurrence and after that it was recovered. As deceased was son-in-law of applicant and there was missing, hence applicant was in continuous search of dead body or living son-in-law. Then after, he came to this conclusion and instantly reported to police; he made his all efforts for getting the body detected; he participated in investigation and this report was got lodged by the informant against unknown; till registration of this case crime number there was no suspicion of any occurrence of murder by applicant, hence it was against unknown. Subsequently, on the basis of alleged statements, recorded under Section 161 Cr.P.C., implication has been made. The statement recorded under Section 161 Cr.P.C., as of informant, reveals that after marriage un-cardial relation is being said to be there with deceased and his in-laws. After death of deceased it is an attempt for implicating his wife and family members in this criminal case with a view to keep themselves away. The death is owing to ante mortem injuries, written in autopsy examination report, are 8 in number but, who was this assailant is not there. The complete link of chain is not established. No motive is there; applicant is of no criminal antecedents; co accused Jitendra Kumar Patel in Criminal Misc. Bail Application No. 5725 of 2020, Birendra Kumar in Criminal Misc. Bail Application No. 5358 of 2020 and Smt. Urmila Devi, in Criminal Misc. Bail Application No. 1438 of 2021, have been enlarged on bail in this very case crime number by coordinate Benches of this Court. Accusation against applicant is at par with them. Hence, bail has been prayed for.
Learned counsel for the informant has vehemently opposed with this contention that the dead body was recovered upon pointing of present applicant who gave information of lying of dead body in above well whereas, it was not possible from out side and after evacuating gases from that well dead body was recovered, hence, applicant was fully aware of lying of dead body in above well. The conduct was that soon after marriage entire agricultural property was got transferred in the name of wife of deceased and then after it was being disposed of. This was motive for this occurrence and since beginning it was being said by way of affidavit that investigation is not fair, statements of those witnesses, who have seen the occurrence of that night, was not being recorded though they have given their affidavits but two times final report was submitted. Ultimately, Court did not accept the same. Then after, after three years, statements of those two witnesses were got recorded, wherein, last seen statement was given by both the witnesses resulting submission of charge-sheet. Trial is under process; bail has been granted to co-accused persons for which cancellation proceeding is pending. Hence, bail is to be rejected.
Having heard and gone through materials placed on record, it is apparent that missing report was got lodged by mother of deceased; till then no suspicion or accusation was made; subsequently, dead body was recovered; its inquest proceeding and autopsy was got conducted; it was a case of murder because there were 8 injuries, which were ante mortem over the person of deceased, written in autopsy examination report. Even after that First Information Report was got lodged by the informant i.e. mother of the deceased, but it was against unknown i.e. not even suspicion was there nor it was thought by the informant that murder was by the applicant or his family members; investigation proceeded; the same was the situation resulting submission of final report two times and after more than three years the last seen evidence of two witnesses is there; the same is of quarrel in between deceased and all co-accused persons, out of whom three have been enlarged on bail; applicant is of no criminal antecedent languishing in jail since 06.12.2019.
Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Jaypal Patel, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 28.7.2021 Deepak/