Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42730 of 2018 Applicant :- Vijay Pratap Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Brij Raj Singh 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 the applicant is not named in the F.I.R. lodged on 25.4.2018 by first informant under Section 363 I.P.C., with the allegations that on 23.4.2018 he had gone to District Etah in the marriage and after returning on 24.4.2018 found her 17 years old son Rizwan missing; that on 30.4.2018 the first informant alleged to have informed about the recovery of dead body of his son, found by him in fields at a distance of 500 meters from village Maqboolpur; that subsequently in his statement under Section 161 Cr.P.C. the first informant developed a new story and stated that the deceased was kidnapped by applicant Vijay Pratap, Sachin, Munendra and Kaptan Singh and was seen at the time of kidnapping by Zameel and Mahboob; that Mahboob has also stated in his statement under Section 161 Cr.P.C. that he saw above persons carrying the deceased but he did not talk anybody because the accused are influential persons and also stated that there is enmity of election rivalry as well as land allotment on lease between first informant Lalchi Khan and the accused persons while the first informant has not stated of any enmity; that there is no incriminating evidence against the applicant in this case based on circumstantial evidence; that co-accused Sachin and Kaptan Singh with identical role have been granted bail by this Court as well as another Bench of this Court vide orders dated 27.09.2018 and 20.11.2018 passed in Criminal Misc. Bail Applications Nos. 36357 of 2018 and 42875 of 2018 respectively, a copies of which have been produced for perusal; that the applicant has no criminal history; that the applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 13.9.2018.
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 Vijay Pratap Singh be released on bail in Case Crime No.243 of 2018, under Sections 302, 201/34 I.P.C., P.S. Kurawali, District Mainpuri, 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 :- 28.11.2018 Md Faisal