Sardar @ Anil Dohare Vs State of U.P.

Court No. - 79

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3444 of 2020

Applicant :- Sardar @ Anil Dohare Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Harsh Kumar,J.

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Heard Sri Raj Kumar, learned counsel for applicant, learned A.G.A. and perused the record.

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Learned counsel for applicant contends that applicant is not named in F.I.R. and has been falsely implicated; that as per prosecution case on 07.09.2019 upon information given on 100 dial a dead body of unknown person was found in a bag near canal which was identified by Sunil Kumar Kushwaha that of his brother Ramkesh; that post mortem of the dead body was conducted on 10.09.2019, wherein cause of death was opined to be single wound on left temporal region of skull underlying bone fracture; that after six days of recovery of dead body F.I.R. was lodged by Sunil Kumar Kushwaha regarding murder of his brother Ramkesh by unknown persons with the averments that deceased had gone from home on 04.09.2019 for meeting with a girl Anju Dohare at her house in Auraiya and when he did not return back, on getting knowledge through news paper about recovery of an unknown dead body in Naruttampur, he arrived at post mortem house district hospital Chichauli and identified it to be that of his brother Ramkesh; that during investigation applicant and Sonu were arrested and thereafter co-accused Anju wife off Colonel @ Titu Dohare was apprehended with recovery of Sil-Batta from her; that name of applicant came in the confessional statement of co-accused Anju Dohare, who stated in her confessional statement in police custody that she was married to Colonel Titu and since he remained out on duty for long time she developed illicit relations with Ramkesh, deceased and when he also left for job for a long period, she again developed illicit relations with applicant Sardar @ Anil Dohare and when Ramkesh returned back she tried to get rid of him and on 04.09.2019 at 10:00 p.m. when Ramkesh arrived at her home in drunken condition she called applicant and when Ramkesh started abusing applicant, he thrown him on ground and she handed over her Sil-Batta to him, who after sitting over his chest gave 3-4 blows of Sil-Batta to Ramkesh, resulting in his death where after she and applicant put her dead body in a plastic bag and thrown it near canal in Naruttampur; that

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confessional statement of co-accused is not binding on applicant; that applicant neither had any illicit relations with Anju Dohare nor caused any injuries to deceased with Sil-Batta or otherwise; that post mortem report states of single injury to deceased which belies the statement of co-accused Anju Dohare of giving 3-4 blows; that case of applicant is distinguishable from co-accused Anju Dohare; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 15.09.2019.

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Learned A.G.A. vehemently opposed the prayer of bail and contended that applicant was in illicit relationship with Anju Dohare and has committed the incident in question causing death of Ramkesh.

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Upon hearing learned counsel and perusal of record and considering complicity of accused, severity of punishment; 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.

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Let applicant Sardar @ Anil Dohare be released on bail in Case Crime No. 693 of 2019, under Sections 302 and 201 I.P.C., P.S. Kotwali, District Auraiya, on furnishing a personal bond and two sureties each in the like amount to satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) The applicant will co-operate with 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.

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(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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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.

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Order Date :- 6.2.2020 Md Faisal

Sardar @ Anil Dohare v. State of U.P.

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Sardar @ Anil Dohare v. State of U.P.

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