Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27792 of 2016 Applicant :- Madan Alias Mithilesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Pavan Kishore,Manish Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri Pavan Kishore for the applicant and Additional Government Advocate for the State.
Madan Alias Mithilesh (applicant) is in jail since 18.6.2015 in connection with Case Crime No.129 of 2015, under Sections 452, 302, 201, IPC, P.S.Baberu, district Banda.
F.I.R. of the incident, occurred on on 13.6.2015 at 1-00 A.M., was lodged on the same day at 13-30 hours. It has been stated in the F.I.R. that the complainant and her sister Raja Beti had gone to their paternal house situated at village Gurauli Saphayee to see their father Devi Dayal Kushwaha aged about 65 years. In the intervening night of 12-13.6.2015 they were sleeping along with their father in the Angan(open yard inside the house). At about 1-00 A.M. in the night there was knock at the doors upon which their father got up and opened the doors upon which Manuan, Akhilesh, Rajaram, Mithilesh, Mahesh and Madan forcibly entered into their house and caught hold of her father and asked him to compromise in earlier case. On refusal by their father they gagged his mouth by cloth and took him towards bada situated in the village. They killed their father and burnt him by igniting fire in woods and kandi kept in bada. On the call of the first informant and her sister, Ram Bahori and neighbours came there and doused the fire and found that the half burnt dead body with mouth gagged by cloth, of her father was lying.
It is stated that in the post mortem report three contusions were found on left polielet on the dead body of the deceased. It has been also noticed that left lower limb absent below 20 cm. of left patella and right lower limb absent below upper end of right femure.
The counsel for the applicant submits that the statements Champa Devi and Ram Bahori have been recorded and they have turned hostile. He submits that it was a night incident and the applicant has been implicated in this case falsely on the basis of suspicion due to earlier criminal case between the parties. In the F.I.R. there was no mention of missing of lower limbs of the deceased which shows that nobody has seen the incident. Accordingly, the applicant is entitled for bail.
A.G.A. has 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 . The application is allowed.
Let the applicant, Madan Alias Mithilesh, accused in Case Crime No.129 of 2015, under Sections 452, 302, 201, IPC, P.S.Baberu, district Banda, be enlarged on bail upon furnishing a personal bond and two sureties, each in the like amount to the satisfaction of magistrate/court concerned, subject to the following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
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 :- 24.8.2018 mt