Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48576 of 2018 Applicant :- Munendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Satish Kumar Tyagi Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
This bail application has been moved by the applicant Munendra who is involved in Case Crime No. 0117 of 2018, under Section 302, 201 I.P.C., Police Station- Barla, District- Aligarh.
As per prosecution version, Munendra has illicit relationship with Rekha Devi wife of Devendra. On 28.06.2018 at about 01:30 A.M., Rekha Devi wife of Devendra informed the informant that Devendra had died. Dead body was cremated and after cremation on 28.06.2018 at about 05:11 PM, first information report has been lodged.
Learned counsel for the applicant contended that in first information report, no role has been assigned to the applicant. Applicant has been made accused on the basis of statement of Kanha son of deceased Devendra Singh, and recovery of shirt belonging to deceased and danda alleged to be used in the crime on the information of co-accused Rekha Devi. Nothing incriminating has been recovered from the possession of applicant Munendra. Applicant has no criminal antecedents.
Learned A.G.A. oppose the prayer for bail.
Nothing incriminating has been recovered from the possession of applicant. He has been made accused on the basis of statement of Kanha son of deceased Devendra Singh, even so, F.I.R. has not been lodged before cremating of dead body of deceased Devendra Singh.
Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail. Let the applicant- Munendra, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the C.J.M./Magistrate, concerned.
Application stands allowed.
Order Date :- 20.12.2018 VG..