The court allowed a bail application filed by an accused in a murder case. Finding lack of specific evidence against him and the existence of a similar case involving a co-accused on bail, the court deemed it a fit case for release.
Applicant released on bail requiring a personal bond and two reliable sureties.
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Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4362 of 2018
Applicant :- Awdhesh Kumar @ Kalua Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Counter affidavit filed today by learned A.G.A. appearing on behalf of the State of U.P. is taken on record.
Heard Sri Sanjay Kumar Dubey, 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 Awdhesh Kumar @ Kalua, who is involved in Case Crime No. 407 of 2017, under Section 302 IPC, Police Station - Sikandrarau, District - Hathras.
As per prosecution version, on 05.07.2017 at about 07.00 A.M., dead body of deceased was recovered. Later on, wife of the deceased identified her. During investigation, name of the applicant and other co-accused came into light.
It is contended by learned counsel for the applicant that on the statement of Smt. Girja Devi and Rameshwar under Section 161 Cr.P.C., applicant has been made accused in this case. Statement of Smt. Girja Devi was recorded on 07.07.2017. On being questioned by the I.O. as to why her statement was not recorded or why she has not informed about the 'gumshudgi' (missing) of her husband on 05.07.2017, she kept silence.
Statement of Rameshwar was also recorded by the I.O. on 29.07.2017. There is no other evidence against the applicant. The applicant has been made accused in this case due to enmity.
Learned counsel for the applicant further contended that the applicant has a criminal history of six cases, in all of which he is on bail.
Learned counsel for applicant further contended that co-accused Shahid, having similar role, has been enlarged on bail by Sessions Judge, Hathras vide order dated 05.01.2018.
Per contra, learned A.G.A. has opposed the prayer for bail.
However, he admitted this fact that the applicant has been made accused on the basis of statement of Smt. Girja Devi and Rameshwar under Section 161 Cr.P.C.
Learned A.G.A. was directed to file counter affidavit in reference to evidence against the applicant. Although counter affidavit has been filed by learned A.G.A., but in that counter affidavit, evidence against the applicant is not specifically narrated.
Without commenting on the merits of the case, considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
Let the applicant - Awdhesh Kumar @ Kalua 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 court concerned.
Accordingly, the instant bail application is allowed.
Order Date :- 13.3.2018 I. Batabyal
1 issue framed by the court
Whether the applicant is eligible for bail in the pending murder offence.
Awdhesh Kumar @ Kalua
State Of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
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