Court No. - 35 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 590 of 2010 Petitioner :- Kaluwa Respondent :- State Of U.P. Petitioner Counsel :- Sanjay Kumar Dubey Respondent Counsel :- Govt Advocate Hon'ble Mrs. Jayashree Tiwari,J.
Sri Alok Sharma has filed purcha on behalf of the complainant.
The present bail application has been moved by accused applicant Kaluwa in
Case Crime No. 787/09 under Section 364 I.P.C., P.S. Kotwali
Hathras,district Hathras.
In short the contention of the accused applicant is that he is not named in the
F.I.R. It is further contended that his name has subsequently come in light
during the progress of the investigation in the statement of co-accused Banti
which is Annexure-4 to this bail application.
The learned counsel for the respondent rebutted this fact and stated that the
accused applicant was involved in the offence and has pointed out to the
statement of Smt. Sarju Devi at page 22 which is Annexure-3 to this bail
application in which he pointed out the last lines of the statement at page 22
wherein Smt. Sarju Devi has stated that…… she has got her husband murdered
by Fakru under the crucial circumstances……. and on the basis of this
statement, the learned counsel for the State and respondent pointed out that
the accused Kaluwa is also involved in the offence.
I have heard both the parties and perused the record. From perusal of the
F.I.R. which is Annexure-1 on record exhibits that accused has not been
named in the F.I.R. at initial stage. In accordance with annexure-4 applicant’s
company in taking liquor with Shamsuddin, Banti, Sayeed, Fakru and Anil
has come in light but there is not even a whisper regarding conspiracy or any
complicity of the present accused in the murder of offence.
In the statement of Smt. Sarju Devi as annexure-3, she has specifically stated
that she has got her husband murdered by Fakru and has not named in the
present accused applicant. Thus the relevancy of these statements shall be
finally heard and considered at the time of final hearing of the case when the
evidence shall be recorded by the trial court.
However, at this stage without going into the merits of the fact and
considering that at this stage non mentioning of the name of the accused in the
F.I.R. and non mentioning of any specific averments regarding his complicity
in the commission of crime except his company of taking liquor, I think it
expedient that the accused applicant be enlarged on bail.
Let accused applicant Kaluwa involved in Case Crime No. 787/09 under
Section 364 I.P.C., P.S. Kotwali Hathras,district Hathras, be enlarged on bail
on his furnishing a personal bond of Rs.1,00,000/- and two sureties each in
the like amount to the satisfaction of Magistrate concerned plus following
undertaking that:-
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/intimidate the prosecution witness.
3. The applicant shall not absent himself from appearing in the Court on the
date fixed without prior permission of the Court.
Order Date :- 3.2.2010
Meenu