Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46326 of 2018 Applicant :- Suraj Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Anurag Shukla Counsel for Opposite Party :- G.A.,Sukesh Kumar
Hon'ble Harsh Kumar,J.
Counter affidavit filed by learned counsel for the first informant is taken on record.
Heard Sri Anurag Shukla, learned counsel for the applicant, Sri Sukesh Kumar, learned counsel for the first informant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that applicant has been falsely implicated on the basis of suspicion; that as per averments made in F.I.R. lodged by Sukhbir on 20.4.2017 at 11:00 a.m., his son Vipin Kumar @ Major was fetched by applicant and another from home at 7:30 a.m. on 19.4.2017 for making repayment of a sum of Rs.2 Lakhs which were borrowed by them and repayment of which was being postponed by them since long and when his son did not return till late in night he inquired at the home of accused persons along with Rahul but they were not found at home and at about 9:00 a.m. he was informed that in the vacant premises of Community Development Centre in water tank dead body of a person is lying and when he reached at spot found the dead body of Vipin Kumar in the pool of water; that inquest of deceased was prepared on 20.4.2017 by 1:00 p.m. and autopsy of his body was conducted on same day at 3:40 p.m. in which cause of death was mentioned to be coma as a result of ante- mortem head injuries and as many as 3 injuries, 2 lacerated wounds and 1 abrasion were mentioned on the head of deceased; that applicant neither borrowed a sum of Rs.2 Lakhs or any other amount from deceased nor fetched him on the pretext of repayment of the same; that recovery of 2 bricks on 21.4.2017 on the joint pointing of applicant and another has been falsely planted from the same tank in which dead body was recovered on 20.4.2017; that false evidence of last seen was created as a matter of afterthought in the shape of statement of Shivraj Singh, who claimed himself to be the chance witness and whose statement was recorded after inordinate delay of 34 days of incident stating that he was walking on 19.4.2017 at about 8:00 p.m. at Vivek Vihar Colony Road when deceased along with two persons came, touched his feet and told that person accompany him is Suraj and is making payment of Rs.2 Lakhs which were borrowed by him so I am going with him and next morning at 6:00 a.m. he seen those two boys going by motorcycle of deceased; that above statement of Shivraj Singh is false and concocted; that applicant had no motive to commit murder of Vipin Kumar; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 21.4.2017.
Learned A.G.A. and learned counsel for the first informant vehemently 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 Suraj Singh be released on bail in Case Crime No.189 of 2017, under Sections 302, 201, 404 I.P.C., P.S. Friends Colony, District Etawah, on furnishing a personal bond and two 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 :- 21.12.2018 Kpy