Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48264 of 2018 Applicant :- Khemchand @ Khema Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Vakalatnama filed by Sri Dinesh Kumar, Advocate on behalf of first informant, is taken on record.
Heard Sri Sushil Kumar Pandey, learned counsel for the applicant, Sri Dinesh Kumar, learned counsel for the first informant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that applicant has been falsely implicated on the basis of suspicion; that as per averments made in F.I.R. Smt. Narmada, wife of first informant had gone to purchase vegetables at about 11:00 a.m. on 13.7.2018 and when did not return he lodged a missing report in Highway Police Station on 14.7.2018; that on 15.7.2018 Khemchandra, son-in-law of Mama of first informant resident of Vrindavan, Mathura came to him and along with first informant and his family members proceeded to search victim and taken them to Salempur Canal via Maholi Village where dead body of Smt. Narmada was found with scarf around her neck and in the meantime Ram Singh, the cousin brother of first informant and other family members arrived and disclosed that applicant Khemchandra was going on motorcycle with Smt. Narmada at about 12 in noon of 13.7.2018 keeping plastic bag in between upon which applicant allegedly left from there; that it is also alleged in the F.I.R. that applicant used to keep footwear stall on platform in front of the house of first informant and there is possibility of his illicit relationship with victim due to which he would have strangulated her to death and thrown her body in canal; that entire prosecution story is absolutely false and incorrect; that applicant had no illicit relations with deceased and did not carry her on his motorcycle in the noon of 13.7.2018 or otherwise; that it is absolutely wrong and highly improbable that a person after strangulating the victim will accompany the first informant to trace out the victim; that statement of Ram Singh, cousin brother of first informant is absolutely false and concocted and had it been so, missing report dated 14.7.2018 would have certainly contained name of applicant as a person who was taking her on his motorcycle; that in this case based on circumstantial evidence there is no incriminating evidence against applicant; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 20.7.2018.
Learned A.G.A. and learned counsel for the first informant vehemently opposed the prayer of bail.
Upon hearing learned counsel for the parties, 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 Khemchand @ Khema be released on bail in Case Crime No.1054 of 2018, under Sections 302, 201 I.P.C., P.S. Highway, District Mathura, on furnishing a personal bond and two 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 :- 21.12.2018 Kpy