Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13522

of 2022

Applicant :- Karan

Opposite Party :- State of U.P.

Counsel for Applicant :- Vikas Tripathi

Counsel for Opposite Party :- G.A.

Hon'ble Sameer Jain,J.

Heard Sri Vikas Tripathi, learned counsel for the applicant and

Sri Kailash Prakash Pathak, learned AGA for the State.

The instant bail application has been moved by the applicant to

release him on bail in Case Crime No. 458 of 2021, under

Section 302 IPC, Police Station Dhaulana, District Hapur

during the pendency of trial.

Learned counsel for the applicant submitted that applicant was

named in the FIR merely on the basis of suspicion and

informant of the case is not an eye witness and it appears that

applicant at the time of incident was along with the deceased,

therefore, only due to this reason, he nominated in the FIR. He

further submitted that the story developed in the FIR appears to

be highly improbable as from the statement of other witnesses,

the condition of the deceased was not such that he may inform

to the informant about the incident. He further submitted that

actually applicant is the person who informed about the incident

to the sister of the deceased and this fact is evident from the

statement of his sister, namely Shristi recorded under Section

161 Cr.P.C. and as per her statement, information about the

incident was given by the applicant himself and according to

her, her brother i.e. deceased was not in a position to speak and

this fact totally falsifies the version of the FIR. He further

submitted that the incident is said to have been taken place at

about 2.00 PM but FIR was lodged at 22.51 hours in the night

i.e. after about more than eight hours, therefore, this fact cast

serious doubt on the story narrated in the FIR. He further

submitted that during the course of investigation not even single

eye witness could came forward and merely on the basis of FIR

and the statement of informant, applicant made accused in the

present matter and charge-sheet was also submitted against him.

He further submitted that applicant has no criminal history and

he is in jail since October, 2021 and applicant undertakes that in

case he is released on bail, he will not misuse the liberty of bail

and will cooperate in trial.

Per contra, learned AGA opposed the prayer and submitted that

there is specific allegation in the FIR against the applicant that

injured since deceased informed the informant that applicant

caused injuries to him, therefore, this fact is admissible as res

gestae under Section 6 of Indian Evidence Act, but learned

AGA could not dispute the fact that sister of the informant in

her statement specifically stated that applicant is the person,

who informed about the incident that deceased was lying near

the pond and except the res gestae there is no other evidence

against the applicant.

I have heard both the parties and perused the record of the case.

Record of the case shows that there is no eye witness account

and except the evidence of res gestae there is no other evidence

on record against the applicant and evidence of res gestae also

appears to be doubtful as statement of sister of informant and

the deceased shows that applicant was the person, who

informed about the incident to her and when she arrived the

spot firstly then deceased was not in a position to speak,

therefore, considering the allegation made against the applicant

and the evidence on record without expressing any opinion on

the merits of the case, I am of the view that it is a fit case, in

which, applicant should be released on bail. Hence, the instant

bail application is allowed.

Let the applicant- Karan be released on bail in the aforesaid

case crime number on furnishing a personal bond and two

sureties each in the like amount to the satisfaction of the court

concerned with the following conditions:

1) The applicants shall remain present before the trial court on

each date fi