Single Judge allowed bail to the applicant, Ajay Alias Patali, accused of murder and abetment, noting co-accused were on bail and citing prior bail orders in similar cases.
Bail allowed; applicant to be released on furnishing personal bond and two sureties subject to conditions of appearance and non-interference.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17350 of 2018
Applicant :- Ajay Alias Patali Opposite Party :- State Of U.P. Counsel for Applicant :- Rajiv Lochan Shukla Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri K.C. Yadav, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged on 3.10.2017 against unknown persons, alleging that on 30.9.2017 some unknown persons enticed away Anuradha (the daughter of complainant). It was found that, there was love affair between Anuradha and Sumit Chaudhari, both have not been recovered till today. During investigation, Balram Chaudhari confessed before the police personnel and stated that he had seen Anuradha and Sumit Chaudhari in objectionable position due to which killed Sumit Chaudhari with the help of Ajay @ Patali, Prem @ Moni and Golu @ Vijay and sent his daughter Anuradha with Deepu @ Praveen and driver Abhimanyu @ Koil and after administering the poison thrown her into the river. Charge sheet has been submitted against Balram Chaudhari, Ajay @ Patali, Praveen @ Deepu, Prem Chaudhari, Meera Devi and Abhimanyu @ Koil.
It is submitted by learned counsel for the applicant that coaccused namely Praveen @ Deepu, Abhimanyu Alias Koil and Smt. Meera have been granted bail by this Court vide order dated 16.4.2018, 25.4.2018 and 2.5.2018 in Criminal Misc. Bail Application Nos. 13828 of 2018, 15277 of 2018 and 16288 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated due to previous enmity. Applicant was not named in the F.I.R. The name of the applicant was disclosed by co-accused Balram Chaudhari in his confessional statement before the police personnel. There is general allegations against the applicant. Offences levelled against the applicant are not attracted in the present case. It is a case of circumstantial evidence, no chain is established to connect the applicant with this crime. There is no recovery from the possession of the applicant. He has no concern with the deceased. There is no legal evidence against the applicant except confessional statement of Balram Chaudhari before the police
personnel. There is criminal history of one case against the applicant in which he is not on bail. He is languishing in jail since 30.10.2017 (more than six months) and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant opposed the prayer for bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that there is criminal history of the one case against the applicant; the case of present applicant is identical to co-accused Praveen @ Deepu, Abhimanyu Alias Koil and Smt. Meera who has been enlarged on bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Ajay Alias Patali involved in Case Crime No. 3502 of 2017, under Sections 302, 201, 149, 182, 120B, 34 IPC, Police Station Kotwali, District Basti be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
2.The applicant will not pressurize/ intimidate the prosecution witness.
3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 9.5.2018 A. Singh
2 issues framed by the court
Whether the applicant is entitled to bail in an offence punishable under Section 302 IPC given the status of co-accouns.
Whether the applicant has established prima facie case for bail release by furnishing personal bond and sureties.
1 provisions across 1 enactments
Ajay Alias Patali
State Of U.P.
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
