Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25723 of 2021 Applicant :- Shivji Opposite Party :- State of U.P. Counsel for Applicant :- Satish Solanki Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Supplementary affidavit filed by learned counsel for the applicant today, is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. As per prosecution version on 29.10.2019 at 8.00 PM, deceased Ajayvir was taken away by applicant, co-accused Rahul and lovely towards field and thereafter, on next day, his dead-body was found. It has been stated that allegation that deceased was taken away by applicant and co-accused persons is thoroughly false. There is no eye-witness of alleged incident and that no specific role has been assigned to applicant. It was submitted that applicant has been falsely implicated in this case on the basis of suspicion and previous enmity due to the fact that earlier his brother Lovely (co-accused) has married with daughter of one Kiran Devi and deceased belongs to her extended family. Criminal history of three cases has been shown against applicant but in one case under Section 363, 366, 323, 504 and 506 IPC, police have submitted the final report and in another case under Section 323, 504 and 506 IPC applicant is on bail and the third case under Gangster Act was imposed upon applicant after this case. It has further been submitted that alleged recovery of brick shown at the instance of applicant is thoroughly false and there is no independent witness of alleged recovery. It has been further submitted that similarly placed co-accused Lovely has already been enlarged on bail by a co-ordinate Bench of this Court, the copy of which is available on record. It has been submitted that the applicant is languishing in jail since 06.11.2019 and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail and argued that recovery of brick has been shown at the instance of applicant. However, it has not been disputed that similarly placed co- accused Lovely has already been granted bail by this Court.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Shivji involved in Case Crime No. 396 of 2019, under Sections 302, 201 I.P.C., P.S.- Sasni, District Hathras, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 20.12.2021 Neeraj