Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7370 of 2018 Applicant :- Amar Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Arjun Singh Solanki Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Complaint Case No. 554 of 2016 under Section 302 I.P.C., P.S. Bidhnoo, District Kanpur Nagar.
The facts of the case are that a complaint under Section 156 (3) Cr.P.C. was moved by Smt. Anusuiya, grand-daughter of the deceased on 10.12.2007 alleging therein that in the intervening night of 2/3.9.2007 at 1.00 a.m., the present accused Amar Singh along with three others, who were real brothers of the present accused, had committed murder of her grand-father Raj Bahadur Singh and his dead body was hanged from 'Neem' tree. Learned Magistrate had directed the police to enquire into the matter and submit its report under Section 200 Cr.P.C. pursuant to which, the S.H.O. concerned conducted the investigation/enquiry and closed the case on 3.9.2012, thereafter, the said complaint under Section 156(3) was treated as a complaint case and all the accused were summoned vide order dated 05.10.2012 under Section 302 I.P.C.; co-accused Abhimaniu has been granted bail vide order dated 16.12.2013.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; there is no motive for the accused to commit this offence; there is no direct evidence against the present accused; accused is lying in jail since 15.09.2017; he has no criminal history, if he is released on bail, he would not misuse the liberty.
Learned A.G.A. has opposed the bail and states that it is admitted that the case of the present accused is at par with the case of co-accused, Abhimaniu who has been granted bail vide order dated 16.12.2013 of this Court except that this accused was absconding since 2007. Learned counsel for the accused applicant has contended that after the submission of final report by police, he was not issued any notice because of which he could not appear. He deliberately did not opt to not appear before the court; he was running sick for a long time.
In view of the above arguments and looking to the quantum of punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Amar Singh involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.2.2018 A. Mandhani