Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46449 of 2018 Applicant :- Maharaj Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Mrityunjay Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Supplementary affidavit filed by learned counsel for applicant is taken on record.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contends that applicant is son of deceased, not named in FIR dated 19.06.2018, according to which, deceased was sleeping at the tube- well of Chandrapal, when he was murdered at about 11:00 p.m. on 18.06.2018 by slitting his throat with spade, and upon noise Sodan Singh who was sleeping on another cot at the distance of about one meter, woke up and seen the deceased; that it was also contended in FIR that about 20 days ago, deceased had sold his 1¼ bigha land and since then, his family members were annoyed with him; that applicant has been falsely implicated on the basis of statements of first informant and other witnesses under Section 161 Cr.P.C. who have pointed finger of doubt towards applicant as well as all sons, daughter and wife of deceased; that it is wrong to say that applicant was annoyed by sale of some agricultural land by his father or was having apprehension that he will dispose of his all properties depriving him on right of his inheritance; that entire prosecution story is absolutely false concocted and incorrect; that this case is based on circumstantial evidence and 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 20.08.2018.
Learned A.G.A. and learned counsel for first informant vehemently opposed the prayer of bail and contended that deceased had no enmity with anybody, and only applicant and his brother, sister and mother, the co- accused persons may have motive to cause his death.
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 Maharaj Singh be released on bail in Case Crime No. 151 of 2018 under Sections 302, 120-B I.P.C., P.S. Gangiri District Aligarh 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 :- 19.12.2018 M. ARIF