Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8629 of 2016 Applicant :- Monu @ Shivendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Kuldeep Singh Yadav,Satya Dheer Singh Jadaun Counsel for Opposite Party :- G.A.,Anurag Dubey
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri Heard Sri Satya Dheer Singh Jadaun and Kuldeep Singh Yadav for the applicant and Additional Government Advocate for the State.
Monu @ Shivendra (applicant) is in jail since 29.10.2014 in connection with Case Crime No. 558 of 2014 under Section 302, 504, 342, P.S. Kotwali, district Mainpuri.
The incident took place on 26.6.2014 at 10-00 A.M. F.I.R. of the incident was lodged on that very day at 11-15 A.M. by Arvind Singh son of the deceased Fateh Singh. In the F.I.R. it has been stated that there was enmity between Fateh Singh and Monu @ Shivendra and a litigation between them was going on. On 30.5.2014 Monu @ Shivendra had come to court to attend the litigation then he had given threat to Fateh Singh and asked Manohar to cause his murder if he would come to give evidence against him. On 26.6.2014 at 10-00 A.M. the first informant was coming on UP 84K 6236 Hero Honda Delux motorcycle on which his father Fateh Singh was a pillion rider also. Along with them Upendra Singh son of Ram Raj and Samant Singh son of Dipti Singh were also coming on another motorcycle. As soon as they reached near Mohanpur Trijunction accused Manohar along with two unknown persons came on a black Pulsar motorcycle and caused firearm injuries to his father by country-made pistol. Thereafter they ran away. So far as two other unknown accused are concerned, they have not been arrested till today inasmuch different versions of incident have been given in the statements of Upendra and Samant.
The counsel for the applicant submits that Fateh Singh deceased was convicted in the murder of Karan Singh father of Manohar Singh. Therefore, Manohar Singh had direct enmity with Fateh Singh on the basis of which he caused murder of Fateh Singh. The name of the applicant has wrongly been mentioned in F.I.R. Even if the entire version of F.I.R. is taken to be true then at the most he is accused of instigation and nothing more. The applicant is in jail for about 3 years and 9 months.
A.G.A. has opposed the prayer of bail.
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. The application is allowed.
Let the applicant Monu @ Shivendra accused in Case Crime No. 558 of 2014 under Section 302, 504, 342, P.S. Kotwali, district Mainpuri, be enlarged on bail upon furnishing a personal bond and two sureties, each in the like amount to the satisfaction of magistrate/court concerned, subject to the following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
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 :- 26.7.2018 mt