Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33191 of 2021 Applicant :- Kailash Chandra Poorva Member Opposite Party :- State of U.P.
Counsel for Applicant :- Pradeep Kumar Mishra,Vinay Saran(Senior Adv.) Counsel for Opposite Party :- G.A.,Santosh Kumar Gupta
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Kailash Chandra (Ex Member) in Case Crime No. 86 of 2021, under Sections- 302, 120-B, 506 I.P.C., P.S. Amroha Nagar, District- Amroha.
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 10.3.2021; 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; neither there was any recovery of any incriminating article from the applicant nor there was any motive of this occurrence; it was a circumstantial evidence based case, wherein, first information report was got lodged on 8.3.2021 at 10:38 A.M. for an occurrence of 7.3.2021 at 19:45 P.M.; the enmity was said to be with Satendra and Ramdas and deceased was said to be with applicant and one other, with regard to some compromise relating to land dispute; no accusation of any assault was there against applicant; it was suspected to be murder by all those named accused persons; subsequently, by way of an application, the accusation of murder against three named accused persons were denied and other three were added along with applicant, but two of those three accused persons namely, Zakir vide order dated 22.9.2021 in Criminal Misc. Bail Application No. 31718 of 2021 and Osman vide order dated 5.10.2021 in Criminal Misc. Bail Application No. 29417 of 2021, have been enlarged on bail by coordinate Benches of this Court; even statement recorded under Section 161 of Cr.P.C. of wife of deceased, brother of deceased i.e. informant and the alleged independent eyewitness is of this fact that applicant was all through available at his residence and after coming to know about this occurrence, he made information to police by dialling 112 and he was present in inquest and other proceedings i.e. at no point of time, he fled from the spot or he had hide himself; it was a mere suspicion by informant; there was no motive, no connecting link nor any reason for this occurrence; after taking dinner, deceased had left his home and then after this occurrence took place. Hence, bail has been prayed for.
Learned AGA as well as learned counsel for the informant has vehemently opposed but could not oppose this fact that applicant is of no criminal antecedent nor any recovery of any incriminating article from him, is there and his name was said to be written on the basis of suspicion in first information report.
Having heard learned counsels for both sides and gone through materials placed on record as well as 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, Kailash Chandra Poorva Member, 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 :- 28.10.2021/Kamarjahan