Monu vs State Of U.P.
2019 Latest Caselaw 3593 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17682 of 2019
 

 
Applicant :- Monu
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Atul Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

Learned counsel for the applicant submits that the FIR of the alleged incident was lodged on 26.7.2017 by Madhu, wife of deceased alleging therein that on 21.7.2017 at about 4.30 p.m. Her husband had gone on motorcycle to Sarai Rasoolpur. When he did not return in the night she also lodged Gumshudagi. Hari Om and Sachin told to the informant that the deceased was seen in the company of applicant and other co-accused on 21.7.2017 at about 7.30 p.m. It is said that the dead body of the deceased was recovered on the pointing out of co-accused Parvindra. A recovery of iron rod has been shown on the pointing out of the applicant and co-accused Inder @ Inderpal. Hari Om and Sachin are said to be the witnesses of last seen. Except the last seen and recovery of iron rod there is no other cogent evidence against the applicant. It has further been submitted that applicant had not committed the alleged offence. He has falsely been implicated in the present case. No blood stain was found on the alleged recovered iron rod. The co-accused Parvindra on whose pointing out the dead body was recovered has already been released on bail by another bench of this court vide order dated 5.3.2018 in Criminal Misc. Bail Application No. 7697 of 2018 and co-accused Inder @ Inderpal having identical role has already been released on bail by another bench of this court vide order dated 4.10.2018 in Criminal Misc. Bail Application No. 48107 of 2017, therefore, the applicant is also entitled for bail on the ground of parity The applicant has no criminal history and is in jail since 21.8.2017.

Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Inder @ Inderpal having identical role has already been released on bail.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Monu involved in Case Crime No. 857 of 2017, under section 302, 201 IPC, P.S. Khatauli, District Muzaffar Nagar be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

1. The applicant will not tamper with the evidence.

2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.

Order Date :- 26.4.2019

Masarrat