Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28537 of 2016 Applicant :- Shekhar Singh @ Golu Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and learned A. G. A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 442 of 2015, under Sections-302, 364, 201 and 120B IPC, P. S.-Jhunsi, district- Allahabad and is in jail since 15.1.2016, is seeking enlargement on bail during the trial.
Learned counsel for the applicant has submitted that initially the F. I. R. of the incident was lodged on 2.12.2015 by the wife of the deceased against un-known persons. The post mortem on the dead body of the deceased was conducted as that of an un-known person. On the next day of the incident, i. e. 3.12.2015, brother of the deceased, one Yogesh Mishra lodged another F. I. R. nominating six persons namely, Ramesh Yadav, Sajit Yadav, Neeraj Yadav, Manoj Yadav, Heera Lal and Driver Haider and two other un-known persons. Thereafter the wife of the deceased in her statement recorded under Section 161 Cr. P. C. expressed suspicion that her husband had been murdered by one Jata Shanker, who on the date of the incident had called her husband but because of her being in a state of shock, she could not state the aforesaid fact. Thereafter the applicant who had also talked to the aforesaid Jata Shanker on his cell phone, was interrogated and on the basis of his confession made by him before the police after his arrest that he had committed the murder of the deceased with a country made pistol and he had concealed the dead body of the deceased and crime weapon and the alleged recovery of the crime weapon on the pointing out of the applicant after one and half months, he was nominated as accused. Moreover, the aforesaid weapon is yet to be connected with the crime in question. He has lastly submitted that the applicant who is in jail and has no criminal antecedents to his credit, is entitled to be enlarged on bail.
The prayer for bail has vehemently been opposed by learned A. G. A.
Considering the submissions made by learned counsel for the parties, this Court is of the view that the applicant has made out a case for grant of bail.
Without expressing any opinion on merits, let the applicant, Shekhar Singh alias Golu be released on bail in Case Crime No. 442 of 2015, under Sections-302, 364, 201 and 120B IPC, P. S.-Jhunsi, district-Allahabad on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him;
(b) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 23.8.2018 HR