Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39015 of 2020 Applicant :- Rozi @ Yogendra Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Mohd Imran Khan,Mayank Yadav,Vivek Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 48/2020, under Sections 302, 201, 120-B IPC, police station Khatauli, District Muzaffar Nagar with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has been falsely implicated in this case. It was submitted that there is no eye witness of alleged incident and that during investigation, the only evidence shown against applicant is that one Dinesh and Sanjay Sharma have stated that on 07.02.2020 at about 08.30-
09.00 AM deceased along with applicant and co-accused persons, namely, Yatendra Chaudhary and Ramveer has gone to Muzaffar Nagar and both these witnesses have also stated that they believe that these co-accused persons have committed murder of deceased at the instance of co-accused Jitendra Rawat. It was submitted that the evidence of these two witnesses are of merely last seen evidence and after that alleged incident has taken place after sufficiently long period in district Muzaffar Nagar. Learned counsel has submitted that recovery of country made pistol was shown from applicant, but the same is false and there is no independent witness of alleged recovery. It was further submitted that similarly placed co-accused Yatendra Chaudhary has already been enlarged on bail by coordinate Bench of this Court, copy of which has been annexed with supplementary affidavit. It has further been argued that the applicant is in judicial custody since 26.02.2020, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail and argued that two witnesses, namely, Dinesh and Sanjay Sharma have stated that on 07.02.2020 deceased has gone to Muzaffar Nagar along with applicant and co-accused persons, namely, Yatendra Chaudhary and Ramveer and both these witnesses have also stated that they believe that these co-accused persons have committed murder of deceased at the instance of co-accused Jitendra Rawat.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Rozi @ Yogendra Kumar involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 24.9.2021 Anand