Single-judge court granted anticipatory bail to the applicant, who was not named in the FIR but implicated in a subsequent supplementary statement, releasing him on a personal bond and two sureties.
Release on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned.
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Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47063 of 2018
Applicant :- Shiv Ram @ Tillan @ Dhillan Opposite Party :- State Of U.P. Counsel for Applicant :- Kuldeep Kumar Dixit Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contended that applicant is not named in F.I.R. and has been falsely implicated on the basis of subsequent developments and disclosure name of applicant in the additional statement under section 161 Cr.P.C. wife of deceased recorded after over 50 days of the incident; that after lodging of F.I.R. on 9.2.2017, in the statement of first informant and his brother, there is no whisper of name of applicant, however by way of improvement in the statement of Ashok Kumar, the brother of deceased recorded after a period of 40 days of incident, names of co-accused Satveer and Santosh were introduced, as the persons who were reported to have stayed at the house of deceased on phone by the deceased and after a period of 11 days thereafter in the additional statement of wife of deceased apart from Satveer and Santosh, name of applicant was also introduced; that applicant had no concern with deceased or coaccused persons and had no motive to cause injuries or death of Alok Mishra and Rakesh Mishra; that co-accused Santosh, Harishankar Singh, Beerpal Singh @ Veerpal and Ompal Singh have been granted bail by this Court vide orders dated 11.10.2017, 12.10.2017, 19.12.2017 and 16.2.2018 passed in Criminal Misc. Bail Application Nos.39464 of 2017, 25568 of 2017, 49772 of 2017 and 5639 of 2018, copies of which have been collectively filed at Annexure No.8; that the case of applicant is distinguishable from Pramod @ Biktha; that the applicant has no criminal history; that the applicant undertakes that he will not misuse the
liberty of bail; that the applicant is in custody since 8.5.2018.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment, grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Shiv Ram @ Tillan @ Dhillan be released on bail in Case Crime No.252 of 2017, under Sections 307, 302, 34, 120-B IPC, P.S. Kotwali Mainpuri, District Mainpuri on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 11.1.2019 Tamang
Shiv Ram @ Tillan @ Dhillan
State Of U.P.
Harsh Kumar
As recorded by the court registry
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