Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40575 of 2018 Applicant :- Amit Kumar Singh @ Rinku Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Sameer Jain,Manish Tiwary Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Sameer Jain & Sri Manish Tiwary, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Amit Kumar Singh @ Rinku Singh in Case Crime No. 24of 2018, under Sections 302, 34 & 120-B I.P.C., Police Station- Manduadih, District- Varanasi with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. It is argued that the applicant is not named in the first information report. However, on an information of informer, the applicant was arrested after twelve days of the alleged incident in which he is said to have made confession before the police about his involvement in the present case and he has also disclosed the name of other co-accused Ravi Narayan Singh @ Babloo Singh and Ashutosh Singh. It is stated that the police has also shown recovery of pistol from the possession of the applicant which could not be connected with the present crime. Lastly, it is submitted that co-accused Ravi Narayan Singh @ Babloo Singh and Ashutosh Singh have been enlarged on bail by coordinate Benches of this Court vide orders dated 15.06.2018 & 14.08.2018 in Criminal Misc. Bail Application Nos. 21648 & 14543 of 2018, respectively. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 04.02.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Amit Kumar Singh @ Rinku Singh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 26.10.2018/ Vikas