Court No. - 69

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52173

of 2021

Applicant :- Narendra Kumar

Opposite Party :- State of U.P.

Counsel for Applicant :- Narendra Kumar Sharma,Inder Pal

Singh Tomar

Counsel for Opposite Party :- G.A.

Hon'ble Mohd. Faiz Alam Khan,J.

Heard Shri Narendra Kumar Sharma and Shri Inder Pal Singh

Tomar, learned counsels for the accused-applicant as well as

learned A.G.A. for the State and perused the record.

This bail application has been moved by the accused/applicant-

Narendra Kumar for grant of bail, in Case Crime No.386 of

2021, under Sections 302, 120-B I.P.C., Police Station T.P.

Nagar, District Meerut, during trial.

Learned counsel for the accused-applicant while pressing the

bail application submits that the applicant has been falsely

implicated in this case and he has not committed any offence as

claimed by the prosecution.

It is further submitted that the F.I.R. of the incident has been

lodged by the applicant himself pertaining to death of his father

Yash Pal Singh stating therein that on the relevant night, as

usual, his father aged about 82 years was sleeping at his

'Dharmakanta', where he was shot by some unidentified person

and in the morning dead body of his father was found. One

firearm wound of entry and exit wound was found and one

contusion has also been found and the firearm injury was

having blackening and tattooing around the wound and the

cause of death of the deceased was due to shock and

hemorrhage as a result of ante mortem firearm injury.

It is also submitted that on 07.07.2021, police is stated to have

recorded the statement of one Jagvir Singh, who had stated that

some days before, the instant applicant along with Monu @

Munawwar and Noor Alam had come to me and confessed that

as the applicant was apprehending that the deceased may

distribute his properties equally amongst all his sons, he had

given a contract killing of his father to Noor Alam with the help

of Monu @ Munawwar, who was running a hospital and some

days before the incident, he had been asked by the deceased to

vacate the same. Thereafter the police appears to have recorded

the statement of the wife of the deceased namely Mahaviri, who

stated that the applicant was annoyed by the decision of the

deceased to distribute his properties amongst all his sons

equally. Thereafter the police is stated to have arrested the Noor

Alam, who confessed to have committed the murder of the

deceased in connivance and furtherance of the conspiracy

hatched between him, applicant and co-accused Monu @

Munawwar and pistol and some cartridges have also been

recovered from him and he confessed that the pistol and

cartridges were given to him by the applicant and co-accused

Monu @ Munawwar.

Highlighting the above factual matrix, it is vehemently

submitted on behalf of the applicant that apart from the

confessional statement of the co-accused persons and extra

judicial confession, which has been made before Jagvir Singh,

there is no iota of evidence against the applicant. Nothing has

been recovered either from the possession or on pointing of the

applicant. The theory as has been cooked up by the prosecution

that the applicant was annoyed by the decision of the deceased

to distribute his properties equally amongst all his sons, is not

probable, weak and could not be believed and is not having

sufficient motive for committing the murder of his own father.

It is further submitted that there is no narration in the statement

of Jagvir Singh as to why the confessional statement is being

made before him and how he would be helpful to the applicant

and other co-accused persons, therefore, there was neither any

opportunity nor any occasion for the applicant and co-accused

persons to have confessed their guilt before Jagvir Singh and he

is a planned witness.

It is next submitted that co-accused of the crime namely Noor

Alam, to