Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40456 of 2021 Applicant :- Ajay Singh Opposite Party :- State Of U.P Counsel for Applicant :- Vinod Kumar Pandey,Rajeev Mishra,Satyendra Narayan Singh Counsel for Opposite Party :- G.A.,Shri Prakash Dwivedi
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by the applicant, Ajay Singh, in Case Crime No. 312 of 2020, under Sections-312 of 2020, under Sections-302, 120-B I.P.C., Police Station- Kotwali Dehat, District-Mirzapur.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 07.07.2021; he was of two criminal antecedents, written in para 25 of the affidavit, wherein he is on bail; First Information Report was got lodged on 21.11.2020 at 1.15 a.m. for the occurrence of 8.15 p.m. of 20.11.2020 against unknown two assailants; applicant was not named in it; those two assaialnts were held to be Kulan @ Bhupendra and one other Vikram Singh in the statement of Kulan @ Bhupendra; the role assigned to applicant is of having talk with that Vikram Singh through Whatsapp with Ajai Singh, the present applicant, nothing more than this is there against the applicant, whereas, who was that Ajai Singh, what was his parentage, what was his resident, with whom talk was there, are not there; the autopsy examination report reveals that fire arm wound of entry corresponding would of exit, over person of the deceased, were present, and this was cause of the death and this was confessed to be given by Kulan @ Bhupendra; for applicant there is no accusation of giving fire arm shot; neither charge sheet has been filed against him nor there is any evidence at all against the applicant, except the confessional statement of Kulan @ Bhupendra; there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case of release on bail. Hence bail has been prayed for.
Learned counsel for the informant as well as learned AGA has vehemently opposed bail.
Having heard learned counsel for both the parties, gone through the material placed on record and considering the nature of accusations, severity of the punishment in the case of conviction but without commenting on the merits of the case, a case for bail is made out, accordingly allowed.
Let the applicant, Ajay Singh, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. 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.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 26.10.2021 Deepak/ Digitally signed by RAM KRISHNA GAUTAM Date: 2021.10.26 16:47:44 IST Reason: Document Owner Location: High Court of Judicature at Allahabad