Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2356 of 2018 Applicant :- Shiv Charan Opposite Party :- State Of U.P.
Counsel for Applicant :- Mr Amit Daga,Mr Rohit Shukla Counsel for Opposite Party :- G.A.,Ram Kumar
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned counsel for complainant and learned A.G.A. for the State.
This bail application has been moved by the accused-applicant Shiv Charan who is involved in Case Crime No. 325/2017, under Sections 147, 148, 149 and 302 I.P.C., Police Station- Goverdhan, District Mathura.
As per prosecution version, on 22.04.2017 at about 8:00 p.m. co-accused Ghanshyam, Bhagwan Singh and Prem Singh @ Premi have taken away Deshraj brother of Gokulesh (informant). At the appellant's residence dead-body of Deshraj was recovered.
It is contended by learned counsel for the applicant that on 23.04.2017 at about 5:20 a.m. Station House Officer Shri Kamlesh Singh got telephonic information from Sub Inspector Somveer Singh that at the residence of Shiv Charan, a thief has entered in his residence and that he has beaten by villagers. The injuries of deceased show that he has been beaten brutally by the villagers. Prosecution witness Nand Kishor admitted in his statement under Section 161 Cr.P.C. before police that he was passing through the appellant's residence then he heard alarm that "Maro Maro Sale Ko Chor Hai". He further contended that against accused Bhagwan Singh, police has submitted final report. Co-accused Prem Singh has been enlarged on bail by this Court vide order dated 06.07.2017, passed in Criminal Misc. Bail Application No. 25536 of 2017, copy of which produced for perusal.The rule of parity will apply for grant of bail and not for rejection of bail.
Learned A.G.A. and learned counsel for complainant have opposed the prayer for bail and contended that deceased has illicit relation with daughter of co-accused Ghanshyam. Daughter of co-accused Ghanshyam was married with son of applicant Shiv Charan. He further contended that bail application of co-accused Ghanshyam has been rejected by this Court vide order dated 04.09.2017, passed in Criminal Misc. Bail Application No. 32366/2017.
In F.I.R it is narrated that police has informed the informant about death of his brother Deshraj. Prosecution has not shown any cause for deceased to go at the residence of appellant Shiv Charan. At this stage it is not proper to comment on the merit of the case.
Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
Let the applicant Shiv Charan be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the Magistrate/court concerned.
Accordingly bail application is allowed. Order Date :- 26.2.2018/Sharad/-