Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47556 of 2021 Applicant :- Aman Singh Sengar @ Bim Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Ajay Kumar Singh, learned counsel for the applicant, Sri B.B. Upadhyay, 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 Aman Singh Sengar @ Bim, seeking enlargement on bail during trial in connection with Case Crime No. 178 of 2021, under Section 302 I.P.C. registered at P.S. Kuthaund, District Jalaun.
Learned counsel for the applicant argued that the applicant is not named in the F.I.R. The F.I.R. has been lodged against unknown persons regarding death of Smt. Vidyawati the wife of the first informant. It is argued that there is no eye witness to the incident. The first informant in his first statement recorded under Section 161 Cr.P.C. reiterates the same version as stated by him in the F.I.R. It is further argued that the incident in question is of the night of 4/5.7.2021 for which the F.I.R. was lodged on 5.7.2021. It is argued that second statement of the first informant was recorded in which he states that there is a gossip in the village that his nephew's son Vivek Singh along with his companions Rustam Singh@ Anurag and Aman Sengar @ Veeru the present applicant have murdered his wife with an intention to loot the house. It is argued that subsequently the applicant and the co-accused Rustam Singh@Anurag were arrested on 08.7.2021 and it is stated that on their pointing out a blood stained shirt of co-accused Vivek Singh along with knife has been recovered from a bush which is an open place and there is no independent witness to the same. It is argued that the co-accused Vivek Singh who is son of nephew of the first informant, has been granted bail by a co-ordinate Bench of this Court vide order dated 10.12.2021 passed in Criminal Misc. Bail Application No. 52111 of 2021, copy of the said order has been produced before the Court which is taken on record. It is argued that subsequently the police shows that there is a confessional statement of the applicant and the applicant is thus implicated but without any credible evidence. It is argued that the applicant has no other criminal antecedents as stated in para-14 of the affidavit and is in jail since 08.7.2021.
Per contra, learned AGA opposed the prayer for bail and argued that on the pointing out of the applicant and the co-accused Rustam Singh @Anurag a blood stained shirt and knife have been recovered.
After having heard learned counsels for the parties and perusing the record, it is evident that the applicant is not named in the F.I.R. His implication is on the basis of suspicion that too in the second statement of the first informant. The recovery is from an open place. The co-accused Vivek Singh has been granted bail by a co-ordinate Bench of this Court.
Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Aman Singh Sengar @ Bim, 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.
(Samit Gopal,J.) Order Date :- 21.12.2021 Naresh