Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45798 of 2017 Applicant :- Rajendra Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Babu Sharma,Ajay Kumar,Amit Malik,Ardhendu Shekhar Sharma,Arshid Husain,B. Malik,Sanjay Kumar Dubey Counsel for Opposite Party :- G.A.,C.L. Chaudhary,Dharmendra Pratap Singh
Hon'ble Harsh Kumar,J.
Counter affidavit filed by learned A.G.A., which is taken on record.
Learned counsel for the first informant Sri C.L. Chaudhary submits that he has filed counter affidavit on 11.7.2018 in registry, which is not on record.
Office is directed to trace out the same and place it on record A copy of counter affidavit was supplied by Sri C.L. Chaudhary, Learned counsel for the first informant during arguments, which is on record.
Illness of Sri Dharmendra Pratap Singh, another counsel for first informant without any illness slip, is not accepted.
Heard Sri Ram Babu Sharma, Sri Ajai Kumar. learned counsel for applicant, Sri, C.L. Chaudhary, learned counsel for first informant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant contends that the applicant has been falsely implicated for the murder of Jabar Singh on 6.6.2017; that as per averments made in F.I.R. lodged by Pavitra Kumar, the son of the deceased at about 7:10 P.M., his father Jabar Singh had gone to tubewell at his agriculture field at about 10:30 A.M. and at about 11:00 A.M. two unknown persons fired at his chest and head and fled away and injured Jabar Singh was taken to hospital by first informant and his brother Rajiv Kumar @ Sonu from where he was referred to Medical College Aligarh, and was declared dead there; that applicant is not named in F.I.R., and had no motive to cause death of deceased; that in statement dated 10.6.2017 Rajiv Kumar son of deceased by way of improvement stated that his sister Archana was married to Pankaj who used to commit marpeet with her and about 15-20 days back when she reported marpeet by Pankaj, he alongwith first informant Pavitra Kumar, father Jabar Singh deceased and his cousin (Jija) Raju went to Pankaj where hot talks did take place, during which he i.e. Rajiv Kumar used word "prostitute" referring mother-in-law of Archana, which was felt ill by her and brother of Pankaj declared for revenge; that statement of Archana the sister of first informant was recorded on same day while statement of widow of deceased Smt. Mantesh Devi was recorded on 17.7.2017 with similar story, which was also repeated by Archana in her additional statement recorded on 8.8.2017 followed by an application by Archana Devi that she suspects conspiracy of her (Devar) Sonu @ Jagvir her maternal uncle Rajendra as well as Mohit in committal of murder of her father Jabar Singh through hired shooters; that improvements so made by prosecution are false and inadmissible in evidence; that applicant being Mama of co-accused Sonu @ Jagvir had no motive to cause death of Jabar Singh; that in any case upon alleged used of word "prostitute" by Rajiv, there can be no reason for sparing Rajiv and eliminating his father Jabar Singh; that co- accused Sonu @ Jagvir, who allegedly conspired for the murder of Jabar Singh through hired shooters has been granted bail by this Court vide order dated 31.1.2018 passed in Cri. Misc. Bail Application No. 3397 of 2018 and co-accused Mohit Kumar has also been granted bail by this Court vide order dated 7.2.2018 passed in Cri. Misc. Bail Application No. 4652 of 2018, copy of which has been produced for perusal and taken on record; that confessional statement of applicant in police custody regarding hiring Imran for Rs. 2 lacs, is not admissible in evidence; that applicant has no criminal history; that the applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 9.8.2017.
Learned A.G.A. and Sri C.L. Chaudhary, learned counsel for first informant have vehemently opposed the prayer for bail and contended that first informant has moved an application for cancellations of bails granted to Sonu @ Jagvir and Mohit Kumar; that co-accused Sonu @ Jagvir and Mohit Kumar, who have been granted bail are threatening the first informant regarding which report was made by first informant at N.C.R. on 23.3.2018; that applicant if released on bail shall misuse liberty of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment, grant of bail to co-accused 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 Rajendra Singh be released on bail in Case Crime No. 123 of 2017, under Sections 302, 120B I.P.C., P.S. Pali Mukeempur, District Aligarh, 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 :- 22.1.2019 Md Faisal