Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3741 of 2019 Applicant :- Shailendra Singh Rathore Opposite Party :- State Of U.P.
Counsel for Applicant :- Virendra Singh Parmar,Sudhir Kumar Singh Parmar Counsel for Opposite Party :- G.A.,Radhey Shyam Yadav
Hon'ble Bachchoo Lal,J.
Sri Radhey Shyam Yadav, Advocate has field vakalatnama on behalf of the complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that the FIR of the alleged incident was lodged on 29.5.2015 against the applicant and one Abhishek @ Abu Sharma mentioning therein that on 12.5.2015 at 6.30 a.m. the deceased Deepak Katiyar had gone with the applicant and the co-accused Abhishek @ Abu Sharma to take bath in river Ganga. On querry made by the mother of the deceased on mobile he informed to his mother that he was with his friends, thereafter, the deceased did not return. The F.I.R. of the alleged incident was lodged u/s 363 I.P.C. In the statement of witness Mridul Katiyar it has come that the applicant was talking with his friends saying that he has committed the murder of the deceased on 12.5.2015. The cloth of the deceased was found near Ganga Katari at village Udaipur which was identified by the informant that it was of the deceased. Showing the arrest of the applicant on 17.7.2015 recovery of a licensee revolver of father of the applicant and a mobile of the deceased have been shown from the possession of the applicant. Thereafter, recovery of a cycle of the deceased has also been shown at the pointing out of the applicant from his house. In the statement of witness Vipin Kumar, it has come that the father of the applicant namely Mahendra Singh was saying that his licensee revolver has been taken by his son. He has given licensee revolver to his son to commit murder of the deceased. Except this there is no other cogent evidence against the applicant. It has been further submitted that some bones were sent to Forensic Science Laboratory (FSL). In FSL report it has been mentioned that the bone belongs to human origin and the mandible age is below 18 years. The teeth are 14 in number in lower jaw. It has been further submitted that the applicant has not committed the alleged offence. There is no eye witness of the alleged incident. There is no motive to the applicant to commit the murder of the deceased. False recovery of mobile and cycle of the deceased has been planted against the applicant. The applicant has been falsely implicated in this case. There is no criminal history of the applicant and is in jail since 17.7.2015.
Per contra, learned AGA and learned counsel for the complainant have opposed the prayer for bail and argued that the applicant is named in the F.I.R. The applicant and the co -accused Abhishek @ Abu Sharma have taken the deceased on the pretext to bath in Ganga, thereafter, the deceased did not return. The mobile and cycle of the deceased were recovered from the possession of the applicant and he has committed the murder of the deceased by the licensee revolver of his father, therefore, he is not entitled for bail Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Shailendra Singh Rathore involved in Case Crime No. 540 of 2015, S.T. No. 266 of 2018 under Section 364, 302, 201, 120-B IPC Police Station Farrukhabad District Farrukhabad be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 29.1.2019 Gss