Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11490 of 2016 Applicant :- Jitendra Kumar Alias Tinku Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohit Singh,Harish Kumar Yadav,R.P.Tiwari,Vikas Rana Counsel for Opposite Party :- G.A.,Deshraj.Singh
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri R.P. Tiwari for the applicant and A.G.A. for State of UP.
Rejoinder affidavit filed today, is taken on record.
Counsel for the applicant submits that the applicant Jitendra Kumar Alias Tinku is in jail since 9.1.2016 in Case Crime No. 932 of 2015, under Section 302 P.S. Bahjoi , Distt. Sambhal.
The incident is alleged to have been taken place on 27.12.2015 at 7 PM and FIR of the incident was lodged by the applicant on 28.12.2015 at 0810 hours. The allegation in the FIR was that Mool Chand Singh, grand father of the applicant was resting on cot in ghair on 27.12.2015 at 7 PM. At that time the applicant and other family members went to take meal at the house. When the applicant went to give meal to his grand father , then he found that his grand father was dead. After removing lihaf , it was found that his neck was throttled. On the basis of aforesaid FIR , police started investigation in the matter. During investigation, some call details of the applicant was collected , which shows that the applicant had made two calls on 27.12.2015 first was at 20.55.11 hours to his brother Lalit Kumar and another call was made at 21:33.19 hours to his paternal aunt. There is alleged extra judicial confession on 7.1.2016 before Om Prakash alias K.D., the real uncle of the applicant in which the applicant had admitted that he had committed murder of his grand father. On its basis, the applicant has been arrested on 9.1.2016.
The counsel for the applicant further submits that grand father was living with the family of the applicant. There was no reason for the applicant to commit murder of his grand father. So far as mobile call details of 21.12.2015 relating to the applicant is concerned, only information regarding death of his grand father was given by the applicant to his relation. Apart from extra judicial confession, there is no evidence on record. So far as extra judicial confession is concerned, uncle of the applicant was taking undue advantage of the murder and no reliance can be placed on it.
AGA has opposed the prayer for bail.
Keeping in view of the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the counsel for the parties and without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Jitendra Kumar Alias Tinku involved in Case Crime No. 932 of 2015, under Section 302 P.S. Bahjoi , Distt. Sambhal be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
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 :- 27.4.2018 Rahul /-