Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41844 of 2018 Applicant :- Shankar Singh Patel Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashish Kumar Gupta,Tahir Ali Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Sri Rahul Rathi filed Vakalatnama on behalf of 1st informant.
Heard Sri Ashish Kumar Gupta, learned counsel for the applicant, Sri Rahul Rathi, learned counsel for the 1st informant and learned A.G.A.
Learned counsel for the applicant contends that applicant name is not named in the FIR lodged by the brother of the deceased on 01.12.2017 against as many as four persons; that after a period of about two and half months in his additional statement under Section 161 Cr.P.C., the first informant has made improvements and stated that the deceased had sold his agriculture fields, to accused persons named in FIR, and used to keep the money at home which fact was known to applicant, Manmohan and Dhunni; that after a period of about six months of the incident, the statements of Dinesh Kumar Saroj, Dukhai Saroj, Radha Krishna, Dherendra etc. have been recorded by I.O wherein, they have made an improvised version that the applicant and two others visited the deceased and upon counting, there was deficiency of Rs. 15000/- regarding which a panchayat had taken place, and that applicant used to keep keys of the house of the deceased; that it is wrong to say that the applicant had any access to be alleged money of deceased or was in possession of keys of his house; that the recovery of keys of the house of deceased from the applicant on 03.07.2018 have been falsely planted of which there is no independent witness; that there is no incriminating evidence against the applicant except his confessional statement in police custody, which is not admissible in evidence; that the applicant has no criminal history; that the applicant had no motive to cause death of deceased; that the applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 03.07.2018.
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 Shankar Singh Patel be released on bail in Case Crime No. 185 of 2017 under Sections 302, 201 and 404 I.P.C., P.S. Kaushambi District Kaushambi on furnishing a personal bond and two heavy 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 :- 26.11.2018 M. ARIF