Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37342 of 2019 Applicant :- Sonu @ Phalwaan Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohit Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard Ms. Sujata Choudhary, Advocate assisted by Sri Mohit Kumar Singh, learned counsel for the applicant, Sri Mayank Mishra, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 5.4.2019 (after three days of incident) against three accused persons, namely Sri Raja, Sonu @ Pahalwan, Vikash alleging that on 2.4.2019 they killed Manoj Kumar aged about 46 years (brother of complainant). According to postmortem report, one injury was found on neck of deceased and cause of death was found asphyxia due to manual strangulation and hyoid bone was found fractured. During investigation, name of Rohit @ Machchhar was surfaced and dead body of deceased was recovered at the pointing out of Rohit @ Machchhar. It was found that Sri Raja pressed the neck of deceased with the help of other accused due to which he died. Agaunchha used in the crime was recovered at the joint pointing out of applicant and Sri Raja.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There is no independent witness and no legal evidence against the applicant. Main role of pressing the neck of deceased was assigned to co-accused Sri Raja and dead body of deceased was also recovered at the pointing out of co-accused Rohit @ Machchhar. The case of applicant is distinguishable from co-accused Rohit @ Machchhar and Sri Raja. Recovery is falsely planted by the police to show their good work. The role of the applicant was extended to catching hold only. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 19.4.2019 (more than five months) criminal history of two cases has been properly explained and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that criminal history has been explained.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Sonu @ Phalwaan involved in Case Crime No. 73 of 2019, under Sections 302, 201, 364, 34 IPC, Police Station Rohata, District Meerut be released on bail on furnishing 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 will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 him 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 conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.9.2019 A. Singh