Court No. - 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35877

of 2022

Applicant :- Navin Alias Chhota

Opposite Party :- State of U.P.

Counsel for Applicant :- Sunil Kumar

Counsel for Opposite Party :- G.A.

Hon'ble Syed Aftab Husain Rizvi,J.

Heard learned counsel for the applicant, learned AGA for the

State and perused the record.

The present bail application has been filed to release the

applicant in case crime no.302 of 2021, under sections 147,

302, 201, 34 IPC, P.S. Knowledge Park, District Gautam Budh

Nagar.

An FIR dated 07.10.2021 was lodged at 9:07 hrs being case

crime no.302 of 2021 by Rambhawan Singh with the

allegations that he is resident of District Rohtak, his son Rohit

Kumar aged about 20 years left his house on 24.07.2021,

thereafter his dead body was found in the drain of Knowledge

Park area which was identified by him. He suspects that some

unknown persons after committing murder has thrown the dead

body in the drain. During the course of investigation on

08.10.2021 the applicant along with other co-accused was

arrested in an encounter and his complicity in the present case

also came into the light.

Learned counsel for the applicant submitted that FIR was

lodged against unknown person. In the statement recorded U/s

161 Cr.P.C. the complainant or any other witness has not given

any statement against the accused-applicant. After two and a

half months of the incident the police arrested the accused in a

fake police encounter and on the basis of the confessional

statement has implicated him in the present case. In postmortem

report, no anti mortem injury has been found on the body of the

deceased and the cause of death was anti mortem drowning.

The deceased has died due to his own negligence as he fell in

the nala. The FIR has been lodged after a considerable gap of

two and a half months and even in that situation, the applicant

was not named in the FIR. The criminal history of the applicant

has been explained in para no.21 of the affidavit. Except the

confessional statement of the applicant, there is no other

evidence against him. So it is a case of no evidence. Applicant

has not committed the alleged offence and he is in languishing

in jail since 08.10.2021.

Learned AGA opposed the bail application and submitted that

although FIR is lodged against unknown persons but during the

course of investigation, the complicity of the accused has come

into light. It is revealed that he committed the murder of the

deceased at some other place by drowning and to save himself

from the clutches of the law threw the dead body in the drain.

Considering the rival submissions of the parties, the nature of

the allegations made in the FIR, the evidence and other material

available on record, the complicity of the accused and all other

facts and attending circumstances, in the opinion of this Court,

a case for bail is made out.

Accordingly the bail application is allowed.

Let the applicant- Navin Alias Chhota involved in aforesaid

case crime be released on bail on his furnishing a personal bond

and two sureties each of the like amount to the satisfaction of

the court concerned, subject to the following conditions:-

1. The applicant shall not tamper with the evidence or threaten

the witnesses.

2. The applicant will not pressurize/intimidate the prosecution

witnesses and co-operate in the trial.

3. The applicant will appear regularly on each and every date

fixed by the trial court unless his personal appearance is

exempted through counsel by the court concerned.

In breach of any condition enumerated above, Trial Court shall

be at liberty to treat it as abuse of liberty of bail and pass

appropriate orders in accordance with law.

The party shall file computer generated copy of such order

downloaded from the official website of High Court Allahabad.

The computer generated copy of such order shall be self

attested by the counsel of the party concerne