Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43440 of 2018 Applicant :- Rajveer Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Vinod Singh Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Rejoinder Affidavit and Supplementary affidavit filed by learned counsel for applicant are taken on record.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contends that applicant has been falsely implicated; that as per averments made in FIR dated 19.07.2018, Neeraj was fetched by co-accused Rocky @ Rakesh and Lala on the pretext of necessary work and he left with Rocky and Lala by his santro car; that it is also contended in FIR that Munesh and Sajid seen Neeraj in his car along with Rocky, Lala and other co-accused persons were following them by another without numbered car; that after a period of about five days of lodging of FIR, arrest of applicant was made on 24.07.2018, and his confessional statement was recorded to the effect that applicant and his associates followed the car of deceased, and at Sapnawat canal co-accused Rocky @ Rakesh shot Neeraj dead, whereafter his body was thrown in canal and his santro car was put to fire and thrown in the ditch; that recovery of burnt car of deceased is alleged to have been made at the pointing of applicant from an open place in the ditch on 24.07.2018 which has been falsely planted, of which, there is no independent witness; that first informant gave another application to S.H.O. on 30.07.2018 with a different story; that Rana and Satpal Yadav had threatened Neeraj of life and they in conspiracy with named accused persons, committed his death; that car which was allegedly recovered at the pointing of applicant bearing Chassis No. MALAASIHLAM 505521 did not belong to deceased, rather as per information received from R.T.O. Officer Janakpuri, Delhi, above chassis number belongs to car Registration No. DL4CAP1255 of Kamal Kumar as mentioned in Annexure S.A-2; that confessional statement of applicant in police custody is not admissible in evidence; that applicant had no motive to cause death of deceased; that co-accused Giriraj and Shubhash who were allegedly going with applicant in another car which was following the car of deceased have been granted bail by another Bench vide order dated 27.11.2018 passed in Criminal Misc. Bail Application No. 44355 of 2018; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 24.07.2018.
Learned A.G.A. vehemently opposed the prayer of bail and contended that applicant is one of the real culprits.
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 Rajveer Singh be released on bail in Case Crime No. 631 of 2018 under Sections 364, 120-B, 436, 302, 201 I.P.C., P.S. Sikandrabad District Bulandshahr 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 :- 18.12.2018 M. ARIF