Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48581 of 2018 Applicant :- Vipin Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajeev Kumar Singh Parmar Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused-applicant Vipin, who is involved in Case Crime No. 222 of 2018, under Sections 302, 201, 404/34 IPC, Police Station - Banda, District - Shahjahanpur.
As per prosecution version, dead body of deceased Rajendra was recovered on 31.05.2018 at about 05.00 AM from the field of sugarcane. The first information report was lodged against unknown persons.
It is contended by learned counsel for the applicant that applicant has been made accused in this case on the basis of extra judicial confession of co- accused Dinesh Yadav. Co-accused Dinesh Yadav has already been enlarged on bail vide order passed in Criminal Misc. Bail Application No. 41965 of 2018 dated 07.12.2018. Later on 04.06.2018, statement of witness Ramveer and Omveer was recorded by the Investigating Officer who stated that applicant with co-accused Dinesh Yadav and Sarnam were seen with the company of deceased in the night of the occurrence. The case of applicant is on better footing than co-accused Dinesh Yadav. Applicant has no criminal antecedents.
Per contra, learned A.G.A. has opposed the prayer for bail. However, admitted this fact that applicant has been made accused on the basis of extra judicial confession of co-accused Dinesh and statement of witnesses Ramveer and Omveer.
Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail. Let the applicant- Vipin, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the C.J.M./Magistrate, concerned.
Application stands allowed.
Order Date :- 20.12.2018 VG..