Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41874 of 2018 Applicant :- Rinku Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajiv Lochan Shukla,Yogesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Sri Arun Kumar Tiwri filed his Vakalatnama on behalf of the complainant.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that the applicant is not named in FIR and has been falsely implicated by way of improvements made during investigation; that as per averments made in FIR, husband of first informant Virendra Kumar left home in the morning at 05:00 am on 29.06.2018, and thereafter, his mobile went switched off and he could not be traced but his dead body was found in Kalkaliya river at Rampur, District Mirzapur; that by way of improvements in additional statement under Section 161 Cr.P.C., the first informant has stated that Pathak Singh fetched the deceased to his home in the morning of 29.06.2018, and there was a meat and liquor party at his home during which some quarrel did take place following which the deceased beaten with lathi, danda, baans etc. by Pathak Singh, Bachhan Singh, Pratap, Deepesh, Vivek and applicant Rinku Singh; that to corroborate above contention, the statements of Suneel and Balwant were recorded by I.O. with inordinate delay on 18.07.2018 and of Rambali on 22.07.2018; that in his statement of Rambali has also stated that the deceased and Pathak Singh were together doing business of property dealing and there was money dispute between them; that after a period of about three months on 25.09.2018 statements of Indra Bahadur and Shyamji were recorded wherein, it has been stated that Pathak Singh fetched the deceased to his home on 28.06.2018 which is in contradiction to the averments made in FIR as well as in the additional statements of first informant wherein deceased was fetched in morning of 29.06.2018; that the applicant had no motive to cause death of deceased; that the applicant neither caused any injury to the deceased nor committed any act to make the evidence of crime disappear; that the case of applicant is distinguishable from main accused Pathak Singh etc.; that the 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 29.09.2018.
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 Rinku Singh be released on bail in Case Crime No. 214 of 2018 under Sections 148, 302, 201/34 I.P.C., P.S. Adalhat District Mirzapur 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 :- 28.11.2018 M. ARIF