Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10052 of 2021 Applicant :- Kamlesh Opposite Party :- State of U.P.
Counsel for Applicant :- Mayank Counsel for Opposite Party :- G.A.,Piyush Kumar Shukla
Hon'ble Raj Beer Singh,J.
Rejoinder affidavit filed by the learned counsel for the applicant, is taken on record.
Heard learned counsel for the applicant, learned counsel for the first informant, learned A.G.A for the State and perused the record.
According to the prosecution version, on 15.07.2020 during noon hours, the 16 years old son of informant has gone to market but after that he did not return and later on his dead body was found.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It has been submitted that applicant is not named in the first information report and that he was also not named by informant in his statement under Section 161 Cr.P.C. Similarly, another witness Radhey Shyam has also not named the applicant or any other accused. Learned counsel submitted that on 28.07.2020 informant has submitted one application to the Investigating Officer, wherein he has alleged that he suspect that applicant and co-accused Viresh, Vineet and Rohit have kidnapped his son. Learned counsel submitted that dead body of deceased was recovered and that the only evidence shown against the applicant is the statement of alleged witness Anil and Radhey Shyam and they have merely alleged that on 15.07.2020 they have seen the deceased along with above stated co-accused persons and applicant. It was submitted that these statements have been recorded on 26.08.2020 and earlier the statement of said Radhey Shyam was recorded on 17.07.2020 but at that time he has not stated any such fact. No recovery of any incriminating article has been effected from the possession of applicant. It has been further submitted that similarly placed co-accused Viresh and Vineet have already released on bail vide order dated 06.01.2020 and 19.01.2021, passed in Criminal Misc. Bail Application No. 40925 of 2020 and 46727 of 2020. Learned counsel lastly submitted that the applicant is languishing in jail since 01.08.2020, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. and learned counsel for the first informant have opposed the prayer for bail and submitted that there is evidence of 'last seen' against the applicant however, it has not been disputed that similarly placed co-accused persons have already been granted bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, 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 Kamlesh involved in Case Crime No. 194 of 2020, under Sections 364, 302, 201, 34 of IPC, P.S. Farah, District Mathura, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 28.7.2021 A. Tripathi