Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6465 of 2019 Applicant :- Paras Opposite Party :- State Of U.P.
Counsel for Applicant :- Anjani Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Paras has prayed to release him on bail in Case Crime No. 637 of 2018, u/s 364, 120B I.P.C., P.S. Khurja Nagar, District Bulandshahar.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number. He is not named in the F.I.R. His name was brought on the basis of confessional statement of co-accused and that too before the police in custody. The F.I.R. was lodged in the form of a missing report on 3.6.2018 for missing on 26.5.2018 by Mukesh Kumar against unknown person with this contention that his nephew Kapil alias Prashant after the death of his father was residing at the informant's house along with his mother. On 26.5.2018 at 3.00 P.M. Kapil received a telephonic call on his cell phone and in response to it he went and when asked he said that he was going to drain. When he did not come back he was searched. The informant contacted applicant Paras on his cellphone, who apprised that he had made a call to Kaphil on his cell phone at 3.22 P.M. and he apprised that he along with Shiva had come to Canal for taking bath. Then after he was searched but his mobile phone was switched off. He was about 19 years of age, his height was 5 Feet 4 Inch and was wearing blue jeans and pink shirt. He was missing since 42 hours. Kapil was beaten by Satish owing to his love affairs with Chanchal. Subsequently, witnesses were examined and name of accused-applicant as a conspirator of the above occurrence was brought in light and this accusation was made, whereas the applicant is of no criminal antecedent. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application.
Counter affidavit filed by State is with this mention that two witnesses Sonu and Dharamveer in their statements u/s 161 Cr.P.C. have categorically stated that Paras was seen in close proximity of time in the company of Kalil. There was last seen evidence against him, whereas rejoinder affidavit of accused- applicant is with rebuttal of above contention of counter affidavit.
Perusal of statements of Sonu and Dharamveer reveals that Kapil was seen going on motorcycle with three persons and subsequently those three persons were seen in the company of the applicant. Meaning thereby the applicant was not last seen in the company of the victim. In the counter affidavit this has been admitted that neither the dead body of the victim has been recovered nor the applicant has any criminal antecedent. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Paras, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 26.4.2019 Pcl