Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34930 of 2021 Applicant :- Taukir @ Bhakol Opposite Party :- State of U.P.
Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Supplementary affidavit filed by learned counsel for applicant is taken on record.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 57 of 2020 under Sections 302, 201 IPC, police station Kothibhar, District Maharajganj with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has not committed any offence.The first informant has lodged FIR alleging that her husband (deceased) was missing since 14.03.2020 and on next day, his dead body was found in the premises of one Gorakh. The applicant is not named in FIR. Learned counsel for the applicant submitted that during investigation, prosecution has developed a version that there was relationship between the applicant and the wife of deceased and that deceased has been murdered by them due to that reason but there is absolutely no evidence to support the said version. There is no evidence that applicant was having any relationship with wife of deceased. Learned counsel for the applicant submitted that in fact involvement of applicant has been shown after ten months of the incident by way of statement of one Arvind Chauhan, who has inter alia stated that on the night of 14/15.03.2020 at around 01:30 a.m. while he was going to attend call of nature, he has seen that applicant and the wife of deceased were talking with each other and saying that the work has been done. There is no such explanation why this witness has not made statement for ten months after the incident. Learned counsel submitted that long delay in recording the statement of this witness clearly indicates that this witness has been introduced just to create false evidence. It was submitted that neither there is any eye witness of incident nor there is any such circumstances that deceased was last seen with applicant. No recovery of any weapon or incriminating article has been effected from possession or at instance of applicant. The alleged confessional statement of applicant made before police has no value. Learned counsel for applicant further submitted that criminal history of three cases has been shown against applicant, one of the case is under Section 323, 504, 506, 452 IPC, second case is under Forest Act and third case is of road accident and that criminal history has duly been explained in supplementary affidavit. Lastly, it has further been argued that the applicant is in judicial custody since 25.03.2021, having no criminal history and in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
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 Taukir @ Bhakol involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the court below shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 17.12.2021 Deepak