Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50425 of 2017 Applicant :- Monu @ Rahul Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Mishra Counsel for Opposite Party :- G.A.,Ram Raj Pandey
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Urge made on behalf of the applicant is confined to the ambit that in this case, the background of the incident has been related to some riot which took place in the past and several litigations were pending pros and cons due to which the present incident took place on 23.11.2014 at 2:00 p.m. wherein the applicant was initially the informant and the case was investigated into by the Investigating Officer against five persons due to which three accused absconded and two accused Humanyu and Anis were arrested and they have been admitted to bail earlier.
It so happened that after the incident took place, Deen Mohammad wrote some letter to the then Chief Minister of U.P. demanding C.B.I. inquiry in this case. Consequently, the investigation was transferred to the C.B. C.I.D. concerned wherein during course of the investigation, on 13.01.2017 after two and quarter years of the incident, statement of the so-called eyewitnesses were recorded by the Investigating Officer, C.B. C.I.D. wherein the case of the applicant was, for the first time, divulged that the murder of the deceased Narendra, uncle of the applicant was committed by the applicant himself and he has self-suffered fire shot and lodged the false first information report in this case. Three accused are still at large. Criminal history of the applicant has been detailed under paragraph no.32 of the affidavit filed in support of this bail application. Applicant is languishing in jail since 26.03.2017.
Per contra, learned counsel for the complainant has submitted that in this case, the complainant Deen Mohammad has claimed that the applicant was involved in double murder case in some previous riot due to which in order to create pressure upon the accused of this case has lodged the false first information report, whereas, fact is that murder of the deceased Narendra was committed by none other than the applicant regarding which eyewitness accounts have been furnished in the statement of three witnesses, no doubt, after two and quarter years of the incident.
Learned A.G.A. has adopted the contention of the learned counsel for the complainant.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Monu @ Rahul involved in Case Crime No.776 of 2014, under Section 302 I.P.C., Police Station Mawana, District Meerut be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the condition with the following conditions;
(i) The applicant will cooperate with the proceeding before the trial court.
(ii) The applicant will appear before the trial court on the date fixed before the trial court.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 25.7.2019 rkg