Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7681 of 2018 Applicant :- Uday Chandra And Anr.
Opposite Party :- State Of U.P.
Counsel for Applicant :- Manish Tiwary,Shri Prakash Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Vakalatnama has been filed by learned counsel for the respondent, Sri Umair Mahmood and the same is taken on record.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 83 of 2017 under Section 302 I.P.C., P.S. Kachhwan, District Mirzapur.
As per F.I.R., the prosecution case is that Gopi Nath Saroj, father of the first informant, had been murdered by the present accused applicant along with two others on account of enmity pertaining to land and his dead body was left in 'Goshala'.
It has been argued on behalf of the learned counsel for the accused applicants that in post-mortem report, no injury was found on the person of the deceased; in report of F.S.L. when it was found that the deceased had died due to consumption of 'Alumunium Phasphate', the prosecution developed a story that son of the deceased was apprised by the deceased that he had taken snacks with accused persons and, thereafter, when he returned home, he felt heaviness in his head; accused was continuously putting pressure for solving the dispute of land; there is no criminal history of accused; accused applicants have been falsely implicated in this case; the accused applicants are in jail since 16.10.2017; if they are released on bail, they will not misuse the liberty of bail.
Learned counsel for the complainant on the other hand stated that the deceased has been murdered by the present accused in association with others only due to enmity of property; there is evidence of last seen, hence, the bail should be refused.
Looking to the fact that there is improvement in the version of the prosecution case subsequent to receipt of the F.S.L. Report that the poison (Alumunium Phasphate) was found to have been consumed by him, accused has no criminal history, quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicants Uday Chandra and Rupai Saroj involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 28.2.2018 A. Mandhani