Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48709 of 2018 Applicant :- Upendra Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- A.C.Srivastava,Samir Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that applicant is not named in the F.I.R. lodged at P.S. Sihani Gate, District Ghaziabad at 12.15 PM on 29.08.2018 by Amlesh Kumar regarding missing of his father Harvansh Kumar Shukla; that according to the averments made in F.I.R. 60 years old 5 feet 5 inch tall Harvansh Kumar Shukla had left for Govindpuram by his moped at about 6.30 P.M. on 28.08.2018; that on 30.08.2018 a dead body was recovered from Sunpera Canal in District Bulandshahr which was reported by Vijay Singh at P.S. Kakod, District Bulandshahr and after preparation of inquest, postmortem of the deceased was conducted on same day on 30.08.2018 at Bulandshahr as unknown person; that in postmortem report the age of unknown deceased person was mentioned as 45-50 years and his height was mentioned as 6 feet in inquest report; that the above height and age of deceased does not tally with the height and age of Harvansh Kumar Shukla mentioned in F.I.R. however the above unknown body was subsequently identified by first informant as that of his father; that on 01.09.2018 arrest of the applicant was made with recovery of moped of deceased which has been falsely planted; that the confessional statement of the applicant in police custody is not admissible in evidence; that it is wrong to say that deceased was having illicit relationship with the applicant's cousin sister Mohini, the sister of Shivpujan; that the applicant had no motive to cause death of Harvansh; that extra confession of co-accused Shivpujan and Dhiraj before Ashutosh Shukla and Sandeep are not admissible in evidence; that the applicant has no criminal history; that the co-accused Shivpujan has been granted bail by another Bench of this Court vide order dated 07.12.2018 passed in Criminal Misc. Bail Application No. 46685 of 2018, copy produced for perusal which is taken on record; that the applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 01.09.2018.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment, grant of bail to co-accused 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 Upendra Kumar be released on bail in Case Crime No. 1746 of 2018, under Sections 364, 302 and 201 I.P.C., P.S. Sihani Gate, District Ghaziabad, 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 Nirmal