Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55714 of 2019 Applicant :- Lalit And Another Opposite Party :- State of U.P. Counsel for Applicant :- Kandarp Srivastava,Kaustubh Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the entire record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicants, seeking their enlargement on bail during the trial in connection with Crime No. 219 of 2019 under Sections 302, 201, 147, 120-B, 394 of IPC, Police Station Kankarkhera, District Meerut.
The First Information Report of this incident was lodged by Manish Sharma alleging therein that he had gone to give water in his fields on 23.03.2019 and saw one burnt dead body, which was later on identified by the cousin brother of the deceased to be that of deceased Monu. Thereafter, on 25.03.2019 an application was given to the police by father of the deceased disclosing the name of the accused persons that his son Monu @ Mange Ram (deceased) had gone with Ishu son of Jaineshwar, Robin son of Subhash, Deepak son of Babu Ram, Anshul @ Nishu and Bajrang son of unknown on motorcycles and play Holi. Thereafter, he did not return and on 24.03.2019 on social media a unknown dead body was seen. Then, the dead body of his son was found half burnt on the side of Highway in front of Y.V. Club, Sain Dham Colony on the side of Highway. Further mention was that the complainant has full belief that the above named accused with some unknown persons have committed murder of his son. The matter was investigated and accused persons were sent to jail.
Learned counsel for the applicants submits that they are quite innocent and have been falsely implicated in this case. The applicants were not named in the First Information Report. Their names have surfaced through the statement of co- accused Vinay @ Bajrang on 07.04.2019 as well as in the statement of co-accused Ishu when he was arrested by the police, after about fifteen days of the incident. It is also argued that there is no eyewitness account to the incident and nothing incriminating has been recovered from the possession or on the pointing out of the applicants. He further submits that the applicants have parity of bail with co-accused Ishu who has already been granted bail by another Bench of this Court in Criminal Misc. Application No. 43601 of 2019 by order dated 28.11.2019. Lastly, it is argued that the applicants are in jail since 30.06.2019 and there is no likelihood of completion and conclusion of the trial in near future, therefore also, the applicants deserve to bail. In case the applicants are released on bail, they will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail but could not controvert the submissions made by learned counsel for applicants.
Considering the rival submissions of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without commenting on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicants - Lalit and Amar @ Rahul @ Vibhishan involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law;
(2). The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;
(3). In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 17.12.2019 LBY