Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55552 of 2019 Applicant :- Mahaveer @ Mahabo Opposite Party :- State of U.P.
Counsel for Applicant :- Sharad Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Sri Rajesh Kumar Pal, Advocate has filed vakalatnama on behalf of informant and the same is taken on record.
Supplementary affidavit has been filed and the same is taken on record.
Heard Sri Sharad Kumar Srivastava, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for the State and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 316 of 2019 under Sections 302 I.P.C., Police Station Gobardhan, District Mathura, during the pendency of trial.
The submission made by the learned counsel for the applicant is that applicant has been falsely implicated in this case. He had no motive to commit this offence. The names of four accused namely, Mahavir, Karua, Nannu and Veerpal came into light 21 days after the occurrence in the statement made by Babulal, Hari Singh and Govind, who were witnesses of the inquest report. It is stated that accused had made extra judicial confession before these three witnesses of the inquest that he had committed this offence. It is further argued that at the instance of co-accused-Nannu an axe was recovered and in confessional statement, the applicant had stated that by the said axe, he had caused this occurrence. There is no explanation for the said witnesses namelyfor Babulal, Hari Singh and Govind not disclosing the names of accused-applicant to the informant as F.I.R. has been lodged against unknown persons. Applicant has no criminal history. Applicant is in jail since 18.8.2019. If he is released on bail, he would not misuse the liberty.
Learned counsel for the informant as well as learned A.G.A. have opposed the grant of bail and has stated that the accused- applicant is main accused and he had motive to commit this offence because one Lakshmi had taken Rs. 1,30,000/- from the deceased in order to pay off the money which was given under agreement to sell and because of that accused felt annoyed as the said land was in his possession. In view of that this occurrence has been caused by the applicant, therefore, his bail should be refused.
In view of above arguments, looking to the fact that there is no direct evidence against the accused having caused this occurrence and name of the accused has emerged during investigation in extra judicial confession made by the accused before the above mentioned three witnesses and also looking to the fact that co-accused Nannu @ Narendra, at whose instance axe was recovered, has already been granted bail by this Court vide order dated 6.12.2019 in Crl. Misc. Bail Application No. 49420 of 2019 and co-accused Karua Jadaun has also been granted bail vide order dated 5.12.2019 in Crl. Misc. Bail Application No. 48664 of 2019, taking into consideration the quantum of punishment, nature of offence and period of detention, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Mahaveer @ Mahabo involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 17.12.2019 A.P. Pandey