Court No. - 41 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14594 of 2018 Applicant :- Kalua @ Jai Dev Opposite Party :- State Of U.P.
Counsel for Applicant :- Kuldip Singh Yadav,Sheo Ram Singh Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contended that the applicant is not named in the F.I.R.; that as per averments made in F.I.R. lodged by Sri Hakikat Ali, on 16.10.2017, Khacheru Khan @ Raju who was working with him at the petrol pump had gone with him to deposit cash and on way three persons on a motorcycle fired at them which hit Khacheru Khan following which they fell down and above persons took away the money bag containing Rs. 8,86,000/- and Khacheru Khan succumbed fire arm injuries; that after a period of two days on 18.10.2017 arrest of three persons namely, Bhure, Ajai, and Kiran is alleged to have been made and applicant was shown as having fled away; that name of the applicant came in the discloser statement of the co-accused Bhure, Ajai and Kiran from whom recovery of Rs. 2,20,000, Rs. 2,06,000 and Rs. 2,00,000 respectively is alleged to have been made alongwith the money bag from co-accused Kiran; that the applicant surrendered before the Court on 14.12.2017 and recovery of Rs.
50,000/- has been made from his house, by planting his own money on applicant as part of looted money; that the applicant has no previous criminal history and is not a previous convict and subsequently has been falsely implicated in police party, no injury encounter case in which he is on bail; that the case of the applicant is distinguishable from the case of co-accused persons Bhure, Ajai and Kiran; that the applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 14.12.2017.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment; as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Kalua @ Jai Dev be released on bail in Case Crime No. 0765 of 2017, under Sections 394, 302, 411 and 120-B I.P.C., Police Station Sikandra Rau, District Hathras, on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
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 :- 30.11.2018 Ashok Gupta