Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7772 of 2018 Applicant :- Jugul Kishor Opposite Party :- State Of U.P.
Counsel for Applicant :- Indra Kumar Chaturvedi Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Counter affidavit filed on behalf of learned A.G.A. for the State is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
This bail application has been moved by the applicant-Jugul Kishor who is involved in Case Crime No.267 of 2017, under Section 302 IPC, Police Station-Maudaha, District-Hamirpur.
As per prosecution version, on 10.5.2017, at sometime, Rani Devi, mother of informant-Saurabh Singh, Akahanch @ Ram Lalli sister of informant- Saurabh Singh, Krishnapal Singh Chandel maternal-grand-father (Nana) of informant, Smt. Kusuma Devi, maternanl-grand-mother (Nani) of informant and five months' old daughter of Smt. Akancha Devi, were murdered in village Maudaha, district Hamirpur. FIR has been lodged by informant-Saurabh Singh on 13.5.2017, at 07.15 p.m. on the basis of suspicion that applicant-Jugal Kishor, who is the family member of his Nana, may have committed murder with the help of other co-accused to grab the property of Krishnapal Singh Chandel.
Learned counsel for the applicant contended that on 11.11.2017, Investigating Officer has submitted charge-sheet with the observation that there is no corroborative evidence against the applicant-Jugul Kishor. Applicant has been made an accused in this case only on the basis of statements of Govind Narain, Abdul Karim and Rajesh. These witnesses stated before the Investigating Officer that they have seen the applicant who was regularly going to the residence of deceased Krishnapal Singh Chandel. On the basis of the alleged loot and murder, police has submitted charge-sheet against co-accused Pushpendra Singh, Moolchand Dhobi and Kamta Singh u/s 302, 201, 394, 411 IPC. Nothing incriminating was recovered from applicant's possession. There is no evidence against the applicant about his involvement in the alleged crime. Applicant has no criminal history and is languishing in jail since 15.05.2017.
Learned A.G.A. has opposed the prayer for bail and submitted that applicant has been made accused in this case on the basis of statements of witnesses-Govind Narain, Abdul Karim and Rajesh.
Charge-sheet has been filed against the applicant on the basis of evidence that he was regular visitor to the residence of deceased Krishnapal Singh Chandel. Investigating Officer has submitted charge-sheet with the observation that there is no corroborative evidence against the applicant. At this stage, it is not proper to comment on the merit of the case.
Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
Let applicant-Jugul Kishor be released on bail in Case Crime No.267 of 2017, under Section 302 IPC, Police Station-Maudaha, District-Hamirpur on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of C.J.M./Magistrate concerned.
Application stands allowed. Order Date :- 27.3.2018 m.a.