Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52863 of 2019 Applicant :- Abhayraj Singh Patel Opposite Party :- State of U.P.
Counsel for Applicant :- Manvendra Nath Singh,Amarjeet Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It has been argued by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case. It has been further submitted that the applicant has not caused any injury to the deceased and in fact deceased has trespassed into night and that he was beaten by some public person. It has further been submitted that first bail application of the applicant was rejected by this Court vide order dated 11.01.2018 and after that all the four eye-witnesses have been examined and they all have not supported the prosecution version and turned hostile. Learned counsel has submitted that accused is being tried in case under Section 304 I.P.C. and he has already undergone custody of more than four years and that trial is likely to take sufficient long time and its conclusion. It has further been submitted that the co-accused Simodh Patel has already been enlarged on bail the co-ordinate Bench of this Court in Criminal Misc. Bail Application No.16592 of 2018, vide order dated 04.05.2018. Learned counsel has submitted that in view of statements of eye-witnesses examined before the trial court as well as considering period of incarceration of the applicant, the applicant is entitled for bail.
It has been submitted the applicant is languishing in jail since 10.09.2017 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the second bail application is hereby allowed.
Let the applicant-Abhayraj Singh Patel involved in Case Crime No.272 of 2017, under Section 304 IPC, P.S.- Kaundhiyara, District-Allahabad, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 20.12.2021 SK Goswami