Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22654 of 2019 Applicant :- Nekpal Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamal Kumar Kesherwani Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the first information report of the alleged incident has been lodged by Jaibir Singh, the uncle of the deceased, on 24.1.2018 at 8:51 hours with the averment that on 16.1.2018 his nephew Papnesh had gone in the village from his house at 5.00 p.m. having Rs. 52000/- in his pocket. Thereafter, he did not return. A Gumshudgi report was also lodged but later on he came to know that someone have kidnapped his nephew. The F.I.R. was lodged against unknown. After two months of the alleged incident, in the statement of Pappu and Rambabu it has come that on 16.1.2018 the accused Jagatpal, Nekpal son of Sonpal, Gyan Singh and Nekpal son of Prem Singh were dragging the deceased towards the forest. It has been further submitted that the skeleton of the deceased was recovered on 15.3.2018 in a plastic bag. The skeleton of deceased was identified by his family members on the basis of cloths. Except the evidence of last seen, there is no other cogent evidence against the applicant. Pappu and Rambabu who are the witnesses of last seen belong to the village of informant. If they had seen the applicant and other co-accused dragging the deceased, they would have informed to the informant on the same day and the informant would have lodged the first information report against the applicant but the above witnesses disclosed the name of the applicant after two months from the date of alleged incident. There was no motive to the applicant to commit murder of the deceased. There is no direct evidence against the applicant and the applicant has been falsely implicated in this case on the basis of suspicion. There is no criminal history of the applicant and is in jail since 27.3.2019.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Nekpal involved in Case Crime No. 17 of 2018, under Section 364, 302, 201/34 IPC Police Station Zarif Nagar District Budaun be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 29.5.2019 Gss