Court granted bail to Narendra Kumar, accused in murder case, on grounds he was not in FIR and had no criminal record, releasing him on personal bond and two sureties.
Applicant released on bail on furnishing personal bond and two reliable sureties of similar amount.
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Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48027 of 2018
Applicant :- Narendra Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Chandra Bali Prasad,Anant Prakash Mishra 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 Narendra Kumar, who is involved in Case Crime No. 87 of 2018, under Sections 302, 120B IPC, Police Station - Khairgarh, District - Firozabad.
As per prosecution version, on 26.08.2018 at about 5:30 AM, dead body of the deceased Mahendra Singh was recovered from the field. The first information report was lodged in suspicion against Anek Singh, Sanjay Raghav, Jitendra and Devendra Singh.
It is contended by learned counsel for the applicant that applicant has not named in the F.I.R. He has been made accused on the basis of statement of witness Ramu who stated before the Investigating Officer that he had seen the applicant Narendra Singh and co-accused Anek Singh with Mahendra Singh who were consuming liquor. On 30.08.2018, knife was recovered from possession of applicant. Applicant has no criminal antecedents and is languishing in jail since 30.08.2018.
Per contra, learned A.G.A. has opposed the prayer for bail. However, admitted this fact that applicant has been made accused in this case on the basis of statement of witness of Ramu, alleged recovery of blood stained knife and recovery of chappal belonging to accused from the spot by the Investigating Officer.
Deceased has sustained two injuries, one is abrasion and the other is incised wound, due to which he died.
Ramu is resident of village belonging to the informant. Moreover, the applicant is not named in the F.I.R. His statement was recorded under Section 161 Cr.P.C. by the Investigating Officer after two days of occurrence.
Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail. Let the applicant- Narendra Kumar , 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 :- 17.12.2018 VG..
1 issue framed by the court
Whether the bail application of the accused, not named in FIR and lacking criminal antecedents, warrants grant of bail despite implications of serious charge.
Narendra Kumar
State Of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
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