Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43449 of 2018 Applicant :- Pramod Opposite Party :- State Of U.P.
Counsel for Applicant :- Gajendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard Sri Gajendra Singh, 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. lodged by Grishpal Pradhanpati on 4.11.2017 regarding recovery of beheaded and naked male body with clothes by his side in sugarcane field of Dinesh Gupta on road side; that body was identified to be that of Jitendra; that as per post-mortem report dated 5.11.2017 deceased sustained as many as eight injuries including multiple incised wounds and died due to anti-mortem injuries about 1½ to 2 days ago; that after a period of about 3 months statement of co-accused Durgesh was recorded, who in his confessional statement has stated that he along with applicant Pramod and one Manish committed murder of Jitendra in a planned manner in which Manish fired at him and applicant beheaded him by cutting his neck with spade; that similar confessional statement of applicant was also recorded the same day; that in this case based on circumstantial evidence there is no incriminating evidence against applicant except confessional statement of applicant and co-accused in police custody are not admissible in evidence; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 27.2.2018.
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 Pramod be released on bail in Case Crime No.484 of 2017, under Sections 302, 201 I.P.C., P.S. Mujariya, District Budaun, 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 :- 20.12.2018 Kpy