Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19969 of 2018 Applicant :- Murari Dubey @ Raj Dwivedi Opposite Party :- State Of U.P.
Counsel for Applicant :- Indra Kumar Chaturvedi,Vikas Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged on 14.2.2018 against one Murari @ Raj Dwivedi and unknown persons alleging that on 13.2.108 they assaulted Raja who has received injuries, resultantly died. During investigation, it was found that Kashyap Singh has strangulated Raja and one rope (rassi) was recovered from his possession. Deceased has taken Rs. 50,000/- from Kashyap Singh and the same was not returned by deceased due to that reason, Kashyap Singh killed Raja.
It is submitted by learned counsel for the applicant that co- accused namely Pushkar Dwivedi @ Ankush Dwivedi has been granted bail by this Court vide order dated 19.4.2018 in Criminal Misc. Bail Application No. 14404 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. There is general allegations against the applicant. Offences levelled against the applicant are not attracted in the present case. Main role was assigned to co-accused Kashyap Singh. According to postmortem report, cause of death is strangulation but applicant was not responsible about this act. There is no independent witness against the applicant. He is languishing in jail since 20.2.2018 (more than three months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history and the case of present applicant is identical to co- accused Pushkar Dwivedi @ Ankush Dwivedi who has been enlarged on bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, 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 Murari Dubey @ Raj Dwivedi involved in Case Crime No. 27 of 2018, under Sections 302, 201/34 IPC, Police Station Kotwali Jalaun, District Jalaun be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 28.5.2018 A. Singh