Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20541 of 2018 Applicant :- Atar Singh And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjive Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 23.12.2017 against five accused persons, namely Udaiveer, Amarveer, Atar Singh, Dharmveer and Makarand alleging that on 22.12.2017 they assaulted Sukhpal, he received some head injuries, resultantly died.
It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. Offences levelled against the applicants are not attracted in the present case. During investigation, the name of co-accused Makarand was found false and charge sheet has been submitted against four accused persons namelyUdaiveer, Amarveer, Atar Singh, Dharmveer. There is general allegation against all accused persons. There is no independent witness and eye witness account against the applicant. They are languishing in jail since 29.12.2017 (more than five months) having no criminal history and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicants and admitted that applicants has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicants Atar Singh and Dharmveer involved in Case Crime No. 266 of 2017, under Section 302 IPC, Police Station Hajratpur, District Budaun be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.5.2018 A. Singh