The High Court allowed a bail application filed by Rajveer in a murder case. Considering that co-accusedS with similar roles had already been granted bail, and noting the applicant's lack of criminal history, the Court held it to be a fit case for bail, imposing standard conditions.
Bail granted upon furnishing a personal bond and two sureties each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12892 of 2019
Applicant :- Rajveer Opposite Party :- State Of U.P. Counsel for Applicant :- Vivek Kumar Singh,Mayank Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri P.K. Rai, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 1.11.2018 (after two days of incident) against eight accused persons, namely Rajbeer, Jaiveer, Akhil, Ankit, Anju, Anjali, wife of Rajbeer and Jaichand alleging that on 29.10.2018 they killed Arun Kumar and burnt the dead body. Bones and cloth of deceased were found. Later on, it was found that there is illicit relation between deceased and daughter of applicant due to which this incident was done. No D.N.A. test was conducted to identify that recovered bones belongs to deceased or not.
It is submitted by learned counsel for the applicant that coaccused namely Smt. Kamlesh and Km. Anjali have been granted bail by this Court vide order dated 26.3.2019 and 28.3.2019 in Criminal Misc. Bail Application Nos. 12015 of 2019 and 12616 of 2019, 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 in the present case. There are general allegations against all accused persons. Nothing was recovered from the possession of applicant. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 4.11.2018 (more four and half months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
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 applicant has no criminal history and the case of present applicant is identical to coaccused Smt. Kamlesh and Km. Anjali 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 applicant Rajveer involved in Case Crime No. 621 of 2018, under Sections 302, 201, 34, 504, 506 IPC, Police Station Daurala, District Meerut 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 :- 29.3.2019
A. Singh
1 issue framed by the court
Whether the applicant is entitled to bail in the present criminal case involving allegations of murder.
Rajveer
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
