Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54354 of 2019 Applicant :- Vishal @ Deepak Opposite Party :- State of U.P.
Counsel for Applicant :- Amit Kumar Singh,Adya Prasad Tewari,Sami Ullah Khan,Shami Ullah Khan Counsel for Opposite Party :- G.A.,Akhilesh Kumar Mishra
Hon'ble Bachchoo Lal,J.
Supplementary affidavit filed on behalf of the applicant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A and perused the record.
Learned counsel for the applicant submits that the FIR of the alleged incident was lodged by Gopal on 20.5.2019 against the applicant and his father Ram Bharat in which it has been mentioned that the deceased had gone to Gajadharpur on 15.5.2019 at about 3-00 P.M. The deceased did not return till 17.5.2019. Thereafter, the dead body of the deceased was found in river on 18.5.2019. In first information report, the informant has expressed suspicion against the applicant and his father for committing the murder of the deceased. In the statements of witnesses it has come that the deceased had sold his land to one Smt. Durgawati wife of Bhagirath for Rs. 3,75,000/- ( Three lac seventy five thousands). The sale amount Rs. two lac was taken by Ram Bharat father of the applicant and he did not return the same to the deceased. In the statement of one Raju it has come that he had seen the applicant, co-accused Ram Bharat with the deceased on 15.5.2019 at about 6.30 P.M. In second statement of witness Pankaj it has come that he has also seen the applicant, co-accused Ram Bharat with the deceased on 15.5.2019 at about 6.00 P.M. It has further been submitted that the applicant has not taken any sale amount of the deceased. The allegation is against co-accused Ram Bharat father of the applicant for taking the alleged amount. There is no motive to the applicant to commit the alleged offence. Neither the applicant has taken any amount of sale deed nor he has concerned with the alleged incident. No incriminating article has been recovered from the possession of the applicant or on his pointing out. Except the evidence of last seen there is no other cogent evidence against the applicant. It has further been submitted that there is no cogent evidence against the applicant to connect with the alleged offence. There is no criminal history of the applicant and is in jail since 21.9.2019.
Per contra, learned counsel for the complainant as well as learned A.G.A opposed the prayer for bail and argued that the deceased has sold his land in favour of wife of one Bagharthi for Rs. 3,75,000/- out of which Rs. two lac was taken by Co- accused Ram Bharat and he has not returned the money of the deceased due to dispute of that money the applicant and co- accused Ram Bharat have committed the murder of the deceased and threw the dead body of the deceased in river. There is evidence of last seen against the applicant, therefore the applicant is not entitled for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Vishal @ Deepak involved in Case Crime No. 166 of 2019, under Sections 304, 201 IPC P.S. Mahuli, District Sant Kabir Nagar 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:-
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 17.12.2019/A.