Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17953 of 2019 Applicant :- Niranjan Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Vivek Sharma 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 F.I.R. of the alleged incident has been lodged on 17.12.2018 after two months of the alleged incident against the applicant and 4 others. In the first information report it has been mentioned that on 25.10.2018 at about 8.00 p.m. the applicant, co-accused Shanti Prasad, Partu and Prabhu took away the deceased. Thereafter, the deceased did not return. In this regard a Gumshudi report was also lodged on 30.10.2018 by Smt. Mukesh, the wife of the deceased. The informant had asked Smt. Mukesh to disclose the name of accused persons to the police who had taken away the deceased. On this, she became very angry and told the informant that " your brother will never come back again". In the first information report it has been mentioned that there was illicit relation of Smt. Mukesh with the co-accused Partu and Prabhu. The applicant was arrested on 19.12.2018 along with co -accused Shanti Prasad and recovery of the hairs of the deceased has been shown on the pointing out of the applicant and the co-accused Shanti Prasad. It has been further submitted that the recovery of the dead body of the deceased has been shown on the pointing out of the co-accused Partu. It has been further submitted that the applicant had not got recovered the hairs of the deceased. False recovery has been planted against him. There is no eye witness of the alleged occurrence. There was no illicit relation in between the applicant and the wife of the deceased namely Smt. Mukesh who has been made accused in this case. Illicit relation of Smt. Mukesh has been shown with the co -accused Partu and Prabhu. There was no motive to commit the alleged offence. There is no direct evidence against the applicant except the evidence of last seen. The applicant has not committed the alleged offence, false allegation has been made against him. There is no criminal history of the applicant and is in jail since 19.12.2018.
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 Niranjan Singh involved in Case Crime No.786 of 2018, under Section 364, 302, 201, 120-B IPC Police Station Hasanpur District Amroha 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 :- 29.4.2019 Gss