Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13418 of 2017 Applicant :- Mahesh Master @ Mahesh Khangar Opposite Party :- State Of U.P.
Counsel for Applicant :- Ali Hasan,Om Prakash Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
This is third bail application of applicant after rejection of his first and second Criminal Misc. Bail Application Nos.23924 of 2015 & 29119 of 2016 vide orders dated 5.7.2016 & 13.12.2016 respectively for non-prosecution.
Heard Sri Ali Hasan, learned counsel for applicant, learned A.G.A. and perused record.
Learned counsel for applicant contends that applicant is not named in F.I.R. and has been falsely implicated on the basis of subsequent application that on 21.11.2014 a report under Section 363 I.P.C. was lodged by Captan Singh with the allegation that his son Rishabh aged about 8 years is missing since school time i.e. 02:40 p.m.; that after five days, an application was given by first informant to P.S. concerned that Rajni Rajpoot, the daughter of his cousin brother had visited her house after disappearance of his son and accompanied him even at the time of lodging of missing report and had visited his house on 19.11.2014 with his associates Mahesh Master (applicant) and Manni and was talking about land and his son was last seeing with Rajni Rajpoot; that applicant has no concern with Rajni Rajpoot and never visited the house of first informant with Rajni Rajpoot or without Rajni Rajpoot; that co- accused Vrindavan Lodhi and Nitin Kamra @ Mano @ Manni have been granted bail by co-ordinate Benches of this Court vide orders dated 2.6.2015 & 3.2.2017 passed in Criminal Misc. Bail Application Nos.19413 of 2015 & 13669 of 2016, copies produced for perusal and are taken on record; that co-accused Smt. Rajni Rajpoot, who is alleged to be main culprit has also been granted bail by a co-ordinate Bench of this Court vide order dated 7.1.2019 passed in Criminal Misc. Bail Application No.10032 of 2017, copy produced for perusal and is also taken on record; that the case of applicant is on better footing than that of Smt. Rajni Rajpoot; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 8.1.2015.
Learned A.G.A. vehemently opposed the prayer of bail and contended that trial is in progress and applicant if released, will misuse liberty of bail.
Upon hearing learned counsel for parties, perusal of record and considering complicity of accused, severity of punishment, grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on merits of case, I find it a fit case for bail.
Let the applicant Mahesh Master @ Mahesh Khangar be released on bail in Case Crime No.214 of 2014, under Sections 363, 364 I.P.C., P.S. Raksa, District Jhansi, on furnishing a personal bond and two sureties each in like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with 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 liberty of bail enabling court concerned to take necessary action in accordance with provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with prosecution evidence and will not delay 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 conditions mentioned above, court concerned will be at liberty to cancel bail and send applicant to prison.
Order Date :- 26.7.2019 Kpy