Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55485 of 2019 Applicant :- Vikas Jawla Opposite Party :- State of U.P.
Counsel for Applicant :- Vivek Kumar Singh,Mayank Yadav Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Vakalatnama has been filed by Sri Sukhrampal Singh Tomar on behalf of informant and the same is taken on record.
Heard Sri Vivek Kumar Singh, learned counsel for the applicant, Sri Sukhrampal Singh Tomar, learned counsel for the informant and Sri G.P. Singh, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 212 of 2019 under Sections 302, 201 and 120-B I.P.C., P.S. Khatauli, District Muzaffarnagar.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; as per F.I.R., occurrence is stated to have occurred on 17.04.2019; dead body of sons of the informant i.e. Pradeep, Akshay and of one Ravi were recovered from Scorpio Car No. HR10W6274 in a Khatauli Canal. Informant's son, Pradeep had gone with his companions, Ravi and Akshay to Haridwar on 16.04.2019 and at about 7:00 p.m., his son, Paramjeet had a talk with Pradeep who had informed him that other co-accused, Hamid @ Gali was also with him and informant had a talk with Hamid @ Gali also on phone for some-time. Further it is mentioned in F.I.R. that there was enmity of the informant side with Praveen @ Bittu (co-accused) and Jitendra @ Situ relating to irrigation pipe and because of this animosity, Praveen @ Bittu (co-accused) along with co- accused, Naveen Malik and some other persons already committed many murders in nearby places and had also given threat to kill to the complainant side. In connection with murder of Praveen @ Bittu (co-acussed), informant son Pradeep and Ravi had also gone to jail, therefore, he had firm belief that his sons/deceased persons were killed by accused, Hamid @ Gali and Naveen Malik and family members of Praveen @ Bittu. It is further argued by learned counsel for the applicant that applicant is not named in F.I.R. His name has emerged during investigation in the confessional statement of co-accused, Hamid @ Gali that he was involved in commission of this offence documents regarding which is annexed at page nos. 47- 48 of paper book. There is no recovery made from the accused applicant. Recovery of driving licence and 'AADHAR CARD' of the deceased has been made from co-accused, Naveen Malik, Jitendra @ Situ . Accused is innocent; accused is lying in jail since 13.05.2019. He has no criminal history except to one case which has been slapped subsequent to this occurrence under Section 307 I.P.C; if the accused is released on bail, he will not misuse the liberty of bail.
Learned counsel for the informant and learned A.G.A. opposed the bail and stated that during investigation, location of the applicant was found near the deceased persons and role of catching hold of deceased is assigned to the applicant in confessional statement of the co-accused.
Looking to the fact that name of accused applicant has emerged in confessional statement of co-accused, no recovery has been made from the present accused applicant, his case being distinguishable from other co-accused, 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 applicant Vikas Jawla 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 applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant 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 applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 17.12.2019 A. Mandhani