Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11770 of 2021 Applicant :- Vishal @ Gorakh Patel Opposite Party :- State of U.P. Counsel for Applicant :- Prem Chandra Counsel for Opposite Party :- G.A.,Hemlata Srivastava,Sandeep Kumar Shrivastava
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri P.C. Yadav, learned counsel for the applicant and Sri Rupak Chaubey, 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. 21 of 2021 under Sections 302, 120-B/34 and 147 I.P.C., P.S. Mariyahu, District Jaunpur.
As per F.I.R. which has been lodged by one Pooja stating therein that the deceased, Dharmendra Patel@Guddu who was his brother, was doing pairvi in cases pertaining to land. At about 6:00 p.m., a phone call was received from the co-accused, Arvind Patel, line-man and has called the deceased and despite the restraining of her brother from going there, he went there and, thereafter Ajay Patel had given information that her brother was lying behind his house. After receipt of this information, informant and her neighbours reached the place of occurrence and found the deceased lying in unconscious condition and was taken to hospital where he was declared dead. Therefore, apprehension was expressed that it might have been accused named in the F.I.R. who might have eliminated the deceased.
In post-mortem report, four injuries are found to have been sustained by the deceased including some contusion and abrasion and cause of death of the deceased is recorded as ante- mortem smothering and strangulation.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; applicant is innocent. Attention of the Court has been drawn towards the statement of informant in which she has stated the accused applicant has seen his sister talking to the deceased and had protested as to why deceased used to talk to the deceased and exchange of hot talk had also happened between the two, therefore, it is argued that motive has been assigned to the accused applicant for killing the deceased and rest of the statements appear to be only a conjecture that it would have been the accused applicant along with co-accused named in the F.I.R. who might have killed the deceased; it is also tried to be shown that the deceased might have died because of electric shock. As regards recovery, no incriminating article has been recovered from the possession of the applicant or from his pointing out. He is in jail since 18.01.2021; he has no other criminal history. Co-accused, Neeraj Patel has been granted bail by Coordinate Bench of this Court vide order dated 26.03.2021 in Crl. Misc. Bail Application No. 11430 of 2021, copy of which has been provided and the same is taken on record. Applicant has also claimed parity with the co-accused. If the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
Looking to the fact that this is a case of circumstantial evidence and not enough evidence has come on record to conclude that it could be accused applicant who might have killed the deceased, quantum of the punishment, nature of the offence, there are no chances of accused fleeing from justice 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 Vishal @ Gorakh Patel 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.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Order Date :- 8.4.2021/A. Mandhani