Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44581 of 2021 Applicant :- Sanjay Opposite Party :- State of U.P.
Counsel for Applicant :- Ronak Chaturvedi Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This is a bail application on behalf of the applicant Sanjay in connection with Case Crime No. 84 of 2021, under Section 302 I.P.C., Police Station Mant, District Mathura.
A report of this incident was lodged by the complainant named Suresh Chandra about the death of his father Bhola Shankar @ Bholambar who was living in Vanshiwat, P.S. Mant, District Mathura since last 10 years by making a hut and he was living as a hermit there. It was alleged in the FIR that in the intervening night of 1/2-5-2021, the father of the complainant was killed by some unknown persons and the matter was reported to the police on 3.5.2021. The name of the present accused had surfaced during investigation after two and a half months of the incident and the present accused happened to be the maternal grand son of the deceased. Learned counsel further submitted that the accused is quite innocent and he has been falsely implicated in this matter by the police just to show that they have solved the case. Learned counsel further submitted that the name of the present accused has surfaced during investigation after two and a half months of the incident. Learned counsel further submitted that the complainant and the other persons who was interrogated earlier had not raised even suspicion on the present accused in their first statement later on they suspected present accused in the commission of the crime which is not tenable and not trustworthy and would not be relied upon. Learned counsel further submitted that the last seen evidence is being developed just to falsely nominate this accused in the matter at very belated stage after two and a half months of the incident. Learned counsel further submitted that the deceased had died due to ante mortem injuries. Learned counsel further submitted that the applicant is a poor person and he is earning his livelihood by doing labour work. He has further submitted that the applicant was not having any motive to kill his maternal grand father. He submitted that the applicant is languishing in jail since 27.07.2021, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA has vehemently opposed the bail application and has submitted that the accused who having motive of killing his maternal grand father as he was not giving him money and the accused has also confessed that he has committed the murder of his maternal grand father.
After considering the rival submissions of the learned counsel for the parties, considering the facts and circumstances of the case and considering the fact that the accused has been nominated in this matter only on the evidence of the persons whose statement were earlier recorded and later they have nominated the present accused in the commission of the crime in this case, without commenting on merits of the case, a case for bail is made out.
Let the applicant Sanjay involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) The applicant 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 22.12.2021 SA