Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17776 of 2019 Applicant :- Kailash Ram Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri Ashutosh Tiwari, Advocate has filed vakalatnama on behalf of complainant, be taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A for the State and perused the record.
Learned counsel for the applicant submits that the informant Munna Ram has moved an application on 23.1.2019 mentioning therein that his son Vikas Ram aged about 20 years had gone call for nature at 5.00 A.M. about four days ago. He did not returned back and his dead body has been found in the pond and on that information the inquest and postmortem of the deceased were conducted. In postmortem report the cause of death of the deceased has been shown coma as a result of anti-mortem head injury. Only one contusion on fore head was found on the body of the deceased. The FIR of the alleged incident was lodged on 25.1.2019 against the applicant and 3 others in which it has been mentioned that there was dispute of land in between Budhu Ram and informant and the co-accused persons have threatened to the informant. Informant Munna Ram is not eye witness of the alleged incident. In the statement of Munna Ram it has come that when his son Vikas was going on 19.1.2019 at about 5.00 A.M prior to this, co-accused Budhu Ram had gone towards the same way. After having gone Vikas, the co accused Chotu Ram and Anjani Ram have also gone towards the same direction where the dead body of the deceased was found. Hema Devi wife of the informant has also not disclosed the name of the applicant. In the confessional statement of co accused Budhu Ram it has come that applicant had also reached at the place of occurrence and he helped other co-accused in throwing the dead body in the pond. Except this there is no other cogent evidence against the applicant. The applicant has falsely been implicated in this case due to being brother-in-law of the co-accused Budhu Ram. Nothing incriminating article has been recovered from the possession of the applicant or on his pointing out. The co-accused Chotu Ram and Anjani Ram have already been released on bail by this bench vide order dated 15.4.2019 in Cr. Misc. Bail Application No. 15443 of 2019, therefore, applicant is also entitled for bail. There is no criminal history of the applicant and is in jail since 21.2.2019.
Per contra, learned counsel for the complainant as well as learned A.G.A opposed the prayer for bail and argued that the applicant is named in the first information report. Prior to this incident the applicant and other co accused have threatened the informant. In confessional statement of co accused Budhu Ram it has come that the applicant has also helped the other persons in throwing the dead body of the deceased in the pond. The applicant and other co-accused have committed murder of the deceased, therefore, the applicant is not entitled for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Kailash Ram involved in Case Crime No. 13 of 2019, under Sections 302, 506, 201 IPC, P.S. Dheena, District Chandauli be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will co-operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 26.4.2019 Gss