In Criminal Misc. Bail Application No. 5884 of 2019, this court granted bail to the applicant charged with murder, finding it a fit case without commenting on merits, subject to standard conditions.
Released on bail under Sections 302, 201 IPC on personal bond and two sureties subject to standard conditions.
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Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5884 of 2019
Applicant :- Boby Alias Ankit Opposite Party :- State Of U.P. Counsel for Applicant :- Harindra Pratap Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Supplementary affidavit filed today by learned counsel for the applicant is taken on record.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that applicant is not named in F.I.R. and has been falsely implicated; that on 16.9.2018 one Kallua reported at P.S. concerned that a dead body of 30 years old person has been found in the sugarcane fields of Ram Singh and there are injury marks on his neck; that after three days statement of Pooja, who identified the deceased by photo and clothes and Mukesh, brother of deceased were recorded that deceased was in need of Rs.20,000/- and Vishal had fetched him to his friend for providing him the required money; that name of applicant has surfaced in confessional statement of co-accused Vishal; that upon arrest of applicant on 23.9.2018 recovery of one iron rod from him and one iron rod from co-accused Deepak who was arrested with him, has been made from an open place near the place where body of deceased was found of which there is no independent witness; that applicant had no motive to cause death of deceased; that confessional statement of co-accused Vishal is not binding on applicant; that confessional statement of applicant in police custody is not admissible in evidence; that case of applicant is distinguishable from co-accused Vishal from whom one iron rod was recovered; that coaccused Deepak Kumar Pandey has been granted bail by this Court vide order dated 30.1.2019 passed in Criminal Misc. Bail Application No.4320 of 2019, copy filed at Annexure-S.A.-2; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 23.9.2018.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, 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 Boby alias Ankit be released on bail in Case Crime No.509 of 2018, under Sections 302, 201 I.P.C., P.S. Garhmukteshwar, District Hapur, 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 :- 14.2.2019 T. Sinha
1 issue framed by the court
Whether the applicant is a fit case for bail in a murder charge considering severity of punishment and complicity.
Boby Alias Ankit
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
