Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13382 of 2016 Applicant :- Tejendra @ Deeje Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Pandey,Sanjay Kumar Pundir Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 206 of 2014, under Section 302, 201, 364 I.P.C., P.S.- Adarsh Mandi Shamli, District- Shamli, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that the deceased Shahrukh and Sazid who after the death of their parents were residing with their uncle Ilmuddin, went missing in the evening of 22.09.2014. The missing report in this regard was filed by their uncle Ilmuddin on 24.09.2014. After the dead bodies of Sajid and Shahrukh were recovered on 25.09.2014 and 26.09.2014 respectively, a neighbour of the first informant Shaukeen came forward and stated that he had seen the deceased in company of the applicant along with his brother Shahrukh on the date on which they had gone missing without any explanation for his having kept mum for two days despite being fully aware of the fact that the two minor children had gone missing. He next submitted that neither any incriminating article was recovered from the possession or on the pointing out of the applicant nor there is any direct evidence on record indicating that the applicant had committed the double murder. The last seen evidence does not inspire confidence at all and although the prosecution claims that a spade was recovered on the joint pointing out of the applicant and the other co-accused but the postmortem report of the deceased does not indicate any injuries which could be assigned to spade. Moreover, from the viscera report of the deceased, it is evident that the deceased were poisoned. He next submitted that the applicant who has no criminal antecedents to his credit and is in jail since 26.09.2014, is entitled to be enlarged on bail.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Tejendra @ Deeje be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 206 of 2014, under Section 302, 201, 364 I.P.C., P.S.- Adarsh Mandi Shamli, District- Shamli, subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) 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.
Order Date :- 29.3.2018 KS