Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2578 of 2019 Applicant :- Nitin Opposite Party :- State Of U.P. Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that applicant is not named in F.I.R. and has been falsely implicated on the basis of suspicion; that as per prosecution case, dead body of Dhyan Singh was recovered from the well in the sugarcane fields of Liyaqat of which a report was made by Iqbal on 22.6.2018 at 11:24 p.m.; that after three days statement of Rinku, brother of deceased was recorded stating that from mobile number of applicant the Scorpio vehicle was booked for Manaura and thereafter Manaura to Moradabad for a marriage and deceased had left with his vehicle at about 8-9 a.m. on 22.6.2018 and was murdered and his vehicle which was found standing on road in between Prithvipur and Manakjudi and was taken by Police and there were blood stains on the driver seat which indicates that his murder was committed inside the vehicle; that after a period of about one week statement of Aamir and Arsh aged around 14 & 10 years old boys were recorded to the effect that on 22.6.2018 when they were taking bath at the tubewell, Scorpio vehicle in question stopped, one person got down from the vehicle and demanded water and they noticed blood on the driving seat; that recovery of one hammer and blood stained shirt of applicant at his pointing from an open piece amongst eucalyptus trees on 3.7.2018, has been falsely planted of which there is no independent witness; that confessional statement of applicant in police custody is not admissible in evidence; that applicant does not dispute talks with deceased and booking of his vehicle, for attending a marriage but he had no concern or motive to cause his death; that deceased had dropped applicant at his destination and appears to have murdered by some unknown persons and since his vehicle was booked by applicant he has been falsely implicated on the basis of suspicion; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 3.7.2018.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Nitin released on bail in Case Crime No.215 of 2018, under Sections 302, 201 I.P.C., P.S. Asmauli, District Sambhal, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 21.1.2019 Kpy