Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6857 of 2018 Applicant :- Pradeep Kumar @ Pappu Ram Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajiv Chowdhury Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Pradeep Kumar @ Pappu Ram seeking bail in Case Crime No. 369 of 2017, under Sections 302, 201 IPC, P.S. Shivpur, District Varanasi.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case. He has further submitted that the applicant has not been named in the FIR. As per the averments made in the FIR, lodged on 12.06.2017 by one Vijay Patel, the dead body of brother of the complainant was recovered from Kashi Ram Avas, Plot No. 21, Room No. 12, Police Station Shivpur upon emitting foul smell and there were marks of injuries over the stomach and neck of the deceased and it was suspected that the death has been caused about three days back. On the next day of lodging of F.I.R., an application was given by the complainant at the Police Station that he identifies the body of deceased, who was his younger brother Ghanshyam Das.
Learned counsel for the applicant has further submitted that after a period of one week in his statement recorded under Section 161 Cr.P.C., the complainant came with a concocted story that the deceased, who was living in the room in question on rent, used to give tuition to children as well as to Ruby, the daughter of Satendra Gupta and a sum of Rs.5,000/- was due as arrears tuition fees. On demand of which, the brothers of Ruby, Vipul and Dharmendra, her husband Vikas Jailswal, the applicant Pradeep Kumar and his friend Sunil used to threaten him for desisting from demanding of arrears of tuition fee, and on 10.6.2017 at 8.30 p.m. he had come to the room of deceased along with Siyaram, Vikas Jaiswal and Vipul were putting lock on his room and when he asked the reason, they told that the deceased has given them some goods for keeping inside the room and despite demanding, they left without giving the key.
On 24.6.2017, Vikash Jaisal and other co-accused persons were arrested and the confessional statement of co-accused Dharmendra, brother of Ruby, was recorded in police custody, wherein, he is alleged to have stated that the deceased had developed love affair with his sister Ruby and used to threaten his Jija. Therefore, on 10.06.2017, the applicant along with Sunil and Vikas Jaiswal entered in the room of deceased, while Vipul and Vikas Jaiswal kept vigil from outside and upon catching hold of deceased by applicant and Sunil, he allegedly caused injuries on stomach and neck of the deceased with the knife, resulting in his death.
Learned counsel for the applicant has further submitted that no recovery of weapon of crime has been made from the possession of the applicant or on his pointing out. The applicant has no criminal history to his credit and he is in jail since 24.06.2017.
Learned counsel for the applicant has further submitted that similarly placed co-accused Vikas Jaiswal and Vipul Kumar Gupta have already been granted bail by another Bench of this Hon'ble Court in Criminal Appeal Nos. 4920 of 2017 and 5324 of 2017 respectively, as such, the present applicant Pradeep Kumar @ Pappu Ram may also be released on bail.
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Pradeep Kumar @ Pappu Ram be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 23.2.2018 Nadim