Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43280 of 2018 Applicant :- Vijay Kumar @ Munna Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that as per prosecution case a beheaded body was recovered on 29.3.2018 which was identified to be that of Brijesh Kumar Kashyap by his father on the basis of clothes, shoes etc.; that on 30.4.2018 after a period of about one month from recovery of body statement of Sanjay Kashyap, brother of deceased was recorded regarding the alleged disclosure statement of applicant and co- accused (under intoxication regarding murder of his brother Brijesh) and thereafter an afterthought application was moved by father of deceased; that on 1.5.2018 name of applicant surfaced in the confessional statement of co-accused Manoj; that applicant had no motive to cause death of deceased; that statement of co-accused is not binding on applicant; that nothing has been recovered from applicant while the weapon of crime has been recovered from co-accused Manoj; that applicant neither committed murder of deceased nor disclosed of his murder before his brother Sanjay Kashyap under intoxication or otherwise; that case of applicant is distinguishable from co-accused Manoj; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 8.5.2018.
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 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 Vijay Kumar @ Munna be released on bail in Case Crime No.115 2018, under Sections 302, 201 I.P.C., P.S. Mandi, District Saharanpur, 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 :- 21.1.2019 Kpy