Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1723 of 2019 Applicant :- Munna @ Vishan Swaroop Opposite Party :- State of U.P.
Counsel for Applicant :- Sudarshan Singh,Vishwambhar Nath Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 1086/2016, under Sections 302, 201, 394, 411 IPC, police station Baradari, District Bareilly with the prayer to enlarge the applicant on bail.
According to prosecution case, an FIR was lodged on 28.12.2016 against deceased Ramesh Pal alleging that he was driver on complainant's truck bearing no. UP 32CN8789 and on 25.12.2016, he has gone on said druck for transportation of wood, but did not reach at destination. Later on, on 5.1.2017 one FIR was lodged by Sukhram Pal, brother-in-law (Sadu) of the deceased stating that deceased Ramesh Pal was last seen with applicant Munna @ Vishan Swaroop and co-accused Mukesh. Later on, skeleton of deceased was recovered. From the possession of applicant Munna, some instruments of truck were recovered and from co-accused Mukesh 10 quintal wood was recovered at his pointing out.
It has been argued by learned counsel for the applicant that the accused-applicant has been falsely implicated in this case and there is no reliable evidence against him. There is no eye witness of alleged incident and that the alleged extra-judicial confession of applicant is false and baseless as applicant has not made any such extra-judicial confession. The alleged recovery of Tyre, Rim and Wheel at the pointing out of the applicant is false and baseless. It was submitted that 10 quintal wood, which was allegedly being carried in the truck, was shown recovered from co-accused Mukesh and that co-accused Mukesh has already been enlarged on bail by a coordinate Bench of this Court vide order dated 14.03.2019 passed in criminal misc. bail application no. 44607 of 2017. It was also submitted that the case of applicant is similar to that of co-accused Mukesh, who has been enlarged on bail and that applicant is in judicial custody since 20.01.2017, having no criminal history and in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail, but it could not be disputed that similarly placed co-accused Mukesh has already been granted bail by another Bench of this Court.
Considering the submissions of learned counsel for the applicant, facts of the case, nature of allegation and period of custody, gravity of offence and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Munna @ Vishan Swaroop involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant, victim or his/ her family members or any of the witness of the case.
Order Date :- 28.11.2019 Anand