Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46699 of 2018 Applicant :- Rajneesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Shams Uz Zaman Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Rajneesh has prayed to release him on bail in Case Crime No. 1084 of 2018, u/s 302 I.P.C., P.S. Baghpat, District Baghpat.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that this case crime number was got lodged upon report of Ashok Kumar, who is deponent of the present affidavit filed in support of bail application, against Ashu, Intzar and Sunil with specific accusation of commission of murder of informant's son Deepak by those three named accused persons by firearm shot for which information was instantly given by him and this occurrence was witnesses by his sons Rajneesh (the present applicant) and Manoj, whereas in their statements recorded u/s 161 Cr.P.C. the informant and his two sons did not support prosecution version and they said that none was seen to have committed murder of deceased Deepak, rather after murder his dead body was seen lying in field and owing to previous altercation this case crime number was lodged under suspicion. Subsequently the informant along with his son Rajneesh, the present applicant, went at Police Station and filed an application that this murder was by Rajneesh and previously named accused were wrongly implicated. Hence this accusation against present applicant was there. Again an application before the Superintendent of Police, Baghpat, was moved by the present deponent-informant that no such application was ever given by him to the police. Rather police got his signature over some blank paper and his son (the present applicant) was implicated. The informant himself has filed his affidavit in support of this bail application. The accused-applicant is of no criminal antecedent. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application with this contention that it was informant himself, who gave application with accusation of commission of murder of deceased by his son Rajneesh, the present applicant. Hence bail be rejected.
Having heard learned counsel for both the parties, gone through the material placed on record, it is apparent that the instant report for offence of murder with two eyewitnesses was got lodged by father of deceased, who had given information on 'Dial 100' against Ashu, Intzar and Sunil, but in the statement recorded u/s 161 Cr.P.C. none supported the prosecution version. Informant took somersault and name of his son Rajneesh was mentioned as accused. Again he took a second turn that his son was innocent. He is deponent of the affidavit filed in support of bail application. Under all above facts and circumstances and without commenting on merits of case, a case for bail is made out. This bail application is allowed.
Let the applicant, Rajneesh, 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 :- 31.7.2019 Pcl