Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56565 of 2019 Applicant :- Mahipal Opposite Party :- State of U.P.
Counsel for Applicant :- Satendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard Shri Satendra Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
As per F.I.R. version five named accused persons including the accused applicant and two unknown persons abducted the deceased on 19.09.2018 at 10:30 p.m. Thereafter, on 21.09.2018 his dead body was recovered from canal, in post- moterm report it was stated that the deceased died because of drowning.
The submission of the learned counsel for the applicant is that he has been falsely implicated, there is no direct evidence of causing death by accused persons, there is no incriminating evidence recovered from the applicant, no other injury has been found on the body of the deceased in the post-mortem report. Moreover, accused Monu Yadav @ Manoj Yadav has been released on bail by order of this Court dated 02.07.2019 in Criminal Misc. Bail Application No. 26212 of 2019 and accused Yogesh Kumar has been released by order dated 31.10.2019 in Criminal Misc Bail Application No. 44433 of 2019. The learned counsel has submitted that only on the basis of suspicion, he has been implicated in this case. The only evidence available as per police case is the last seen evidence. Further submission is that after investigation charge-sheet has already been submitted. Further submission is that there is no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant is languishing in jail since 20.12.2018 and undertakes that he will not misuse the liberty of bail, if granted.
Learned A.G.A. has vehemently opposed the prayer. He has however conceded that charge-sheet has been submitted by the police and the case is based on substantial evidence.
Having heard the submission of learned counsel of both sides, considering the facts that co-accused have been granted bail by another Bench of this Court and without commenting on the merits of the case, I find it to be a case of bail.
Let applicant Mahipal be released on bail in Case Crime No. 702 of 2018, under Sections 364, 302, 201 I.P.C., P.S. Shilohabad, District Firozabad, 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 :- 19.12.2019 Bhanu