Sri S.D. Singh Jadaun and Sri Sangam Lal Kesarwani, Advocates filed their memo of appearance today in Court on behalf of the applicant which is taken on record.
Heard Sri S.D. Singh Jadaun and Sri Sangam Lal Kesarwani, learned counsel for the applicant, Sri Sanjay Kumar Singh, learned AGA for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Ajeet Singh @ Chautala seeking enlargement on bail during trial in connection with Case Crime No. 529 of 2020, under Section 302 IPC, registered at P.S. Koraon, District Allahabad (Prayagraj).
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the First Information Report was registered by Hare Krishna Singh Patel, the father of the deceased against unknown persons on 12.10.2020 stating therein that in the night of 11.10.2020, his son was sleeping outside the house in an enclosure and in the morning when he went there at about 6:00 am he saw that his son was lying in pool of blood and someone has assaulted him with sharp edged weapon. It is further argued that the First Information Report has been lodged against unknown persons under Sections 323, 307 IPC. It is argued that subsequently, the son of the first informant died on 19.10.2020 while being under treatment. It is argued that the statement of the first informant and one Prem Shanker Singh were recorded under Section 161 Cr.P.C. on 12.10.2020 wherein they stated the same story as narrated in the First Information Report. It is argued that subsequently, on 07.11.2020 the statement of the first informant was recorded for the second time wherein he stated that he has come to know that the applicant had some enmity with his son as he was seen by him along with a girl, on which, he had threatened the deceased not to disclose to anyone but the deceased had stated the same to his younger brother Shivam. While placing the said statement, it is further argued that subsequently, in the same it is mentioned that Shesh Mani Singh who is also a villager of the same village has stated that he had seen the applicant near the place of occurrence in the night when the incident had taken place and as such the applicant has murdered his son. It is argued that the statement of Shesh Mani Singh has also been recorded under Section 161 Cr.P.C. on 07.11.2020, in which, he has stated that he has seen the applicant near the place of occurrence in the night when the incident had taken place wherein he was talking on a mobile phone. It is argued that except for the said evidence there is no other evidence against the applicant. It is argued that the disclosure of the name of the applicant for the first time in the second statement of the first informant and the statement of Shesh Mani Singh was after about 26 days of the incident which is clearly and afterthought just in order to falsely implicate the applicant. It is further argued that the case is a case of circumstantial evidence and there is no eye witness to the murder. It is further argued that the evidence as collected is not credible at all and is also not pointing towards the implication of the applicant. He further argued that the applicant has no criminal hsitory as stated in para 19 of the affidavit and is in jail since 03.12.2020.
Per contra, learned AGA opposed the prayer for bail.
Looking to the facts and circumstances of the case, it is a fit case for bail, I am inclined to release the applicant on bail.
Let the applicant Ajeet Singh @ Chautala, 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 which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.
(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229-A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
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 concerned.
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.
Order Date :- 17.2.2021 M. ARIF (Samit Gopal, J.)