Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29986 of 2019 Applicant :- Rajendra And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar,Indra Kumar Chaturvedi(Senior Adv.) Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard Sri Indra Kumar Chaturvedi, learned counsel for the applicants as well as Sri H.P. Gupta, learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged 3.3.2019 at 22:42 hour (after seven days of incident) against unknown person alleging that Mukhtar Ansari (brother of complainant) was abducted on 24.2.2019. He was assaulted and thrown in the river. Later on, names of Mukhdev, Tunnu Bosfore @ Basant Bosfore and Rajendra were surfaced and one pant & one shoe have been recovered in joint possession. Role of Mukhdev and Tunnu Bosfore was extended only upto exhortation and Rajendra assaulted deceased.
It is submitted by learned counsel for the applicants that the applicant is languishing in jail since 11.3.2019 (about four and half months) having no criminal history. Co- accused namely Mukhadev has already been granted bail by this Court vide order dated 2.7.2019 in Criminal Misc. Bail Application No. 25703 of 2019, since the role of the applicants is not distinguishable with the role of co- accused, therefore, the applicants are also entitled for bail. They are poor persons. Police has falsely implicated the applicants only on the basis of confessional statements of applicants and co-accused. There is no independent witness and no legal evidence against them except the confessional statement before police personnels. Recovery of shoe and pant has been falsely shown after 15 days of incident and no identification of so-called recovered shoe and pant was done. In case applicants are released on bail, they will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicants and admitted that applicants have no criminal history and the case of present applicants are identical to co-accused Mukhadav who has been enlarged on bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicants Rajendra and Tunna Basfor involved in Case Crime No.42 of 2019, under Sections 364, 302, 201, 404, 120-B IPC, Police Station Nagra, District Ballia be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.7.2019 A. Singh