Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5057 of 2021 Applicant :- Umendra Kumar Dwivedi Opposite Party :- State of U.P. Counsel for Applicant :- Ranjeet Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
According to the prosecution version, first informant Atish Kesharwani has lodged the FIR of this case alleging that on 14.05.2020 at 13:30 hours his mother, father, sister and wife were found murdered at his house. The FIR was lodged against unknown persons. It appears that during investigation, it was found that first informant Atish Kesharwani himself has got murdered the deceased persons from co-accused persons and the involvement of applicant was also shown on the basis of statement of co-accused persons.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. The applicant is not named in the first information report and that involvement of applicant has been shown on the basis of statement of co-accused Atish Kesharwani and Anuj Srivastava. It was submitted that only role assigned to applicant in this case is that applicant has dropped the co-accused persons at the house of deceased persons by his OLA car and thereafter applicant has taken away his vehicle before the incident. Even as per prosecution version, the applicant was not involved in the incident of committing murder of deceased persons and that his involvement was shown only in criminal conspiracy but there is no evidence to prove any such conspiracy. In fact no witness has made any statement against the applicant that the alleged disclosure statements of co-accused persons cannot be considered in evidence against the applicant. Even as per statements of co- accused persons, mere role assigned to applicant is that he has left the co- accused persons by his OLA vehicle near the spot and thereafter went away and that the alleged offence was committed later on. It was submitted that the entire facts of the matter show that involvement of applicant has been shown merely on the basis of suspicion and that there is no credible evidence that applicant was involved in conspiracy of committing murder of deceased. There is absolutely no evidence regarding involvement of applicant in the alleged incident. No recovery of any weapon or any incriminating article has been shown from possession or at his instance. Learned counsel submitted that no witness has made any statement against the applicant and that there is absolutely no evidence against the applicant. It has been further submitted that that the applicant is languishing in jail since 15.05.2020, having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail and argued that the case relates to murder of four accused persons, however, it could not be disputed that only role assigned to applicant is that he has left the co-accused persons at spot by his OLA vehicle and except that no other role was assigned to applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Umendra Kumar Dwivedi involved in Case Crime No. 441 of 2020, under Sections 302, 120B and Section 34 IPC, P.S. Dhoomanganj, District Prayagraj, be released on bail on furnishing each 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 shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 20.9.2021 A. Tripathi