Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56839 of 2019 Applicant :- Pappu Kahar And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Vinod Kr Pandey Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
Learned counsel for the applicants submits that the FIR of the alleged incident has been lodged after 7 days of the alleged incident. In FIR it has been mentioned that on 9.10.2019 the deceased had gone to Bhadohi by his motorcycle and about 7:00 P.M. Pappu Kahar informed to the villagers that deceased has fallen down in the river. At this the dead body of the deceased was traced out by informant and other persons but the dead body could not be recovered on the same day and the same was recovered on 10.10.2019 in the river. It has further been mentioned that the hands, legs and neck of the deceased were tied with rope. The FIR has been lodged against the applicants only on the basis of suspicion. Sabhajeet Singh is said to be eye witness of the alleged occurrence. In his statement it has come that the applicants by fixing mosquito net were catching fish. Some dispute has taken place in between applicants and deceased on the issue of taking fish. The applicants pushed the deceased due to which he fallen down in the river. The statement of Sabhajeet Singh has been recorded after one month of the alleged incident. Sabhajeet Singh was also present at the time of inquest. If he had seen the alleged occurrence he can disclose this fact before the persons at the time of inquest but this fact has not been disclosed to any one. It has further been submitted that in the statement of Sabhajeet Singh it has not come that the applicant have tied the hands, legs and neck of the deceased with rope. False story has been concocted by the informant. As per postmortem report the cause of death has been shown asphyxia due to drowning. The applicants have no concern with the alleged incident. There is no cogent evidence against the applicants to connect with the alleged offence. The applicants have no criminal history and are in jail since 16.10.2019.
Per contra; learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicants Pappu Kahar and Bhuwal Prajapati involved in Case Crime No. 93 of 2019, under section 304 IPC, P.S. Chauri, District Bhadohi be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicants will not tamper with the evidence.
2. They shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. They shall 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 applicants.
Order Date :- 19.12.2019 Masarrat