Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39792 of 2019 Applicant :- Balram Singh Alias Balloo Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Babu Mishra,Vimlendu Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Ms. Reema Gupta, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against unknown person alleging that on 30/31.3.2019 at night they killed Vinmra Singh (son of complainant) and looted rupees twenty thousand. According to postmortem report, two injuries were found on the body of deceased and cause of death was found asphyxia due to antemortem strangulation. During investigation, names of Awadh Kumar Singh @ Nanhe, Kuldeep Singh, Sanjeet Singh, Samarjeet and Balram were surfaced. Statements of Jitlal (uncle of deceased) and Munim Singh (brother-in-law of Jitlal) were recorded, they stated that light was on in the house of Jai Singh (complainant) and all accused persons were standing on the roof of complainant. F.I.R. was lodged under Section 394, 302 IPC, after investigation, Section 394 was not found.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Applicant was not named in the F.I.R. During investigation, the name of applicant was surfaced after thought and due legal consultation on the basis of suspicion. All accused persons are same family. Nothing was recovered at the pointing of any accused. There are general allegations against all accused persons. It is not clear from the prosecution case, who is the author of that injury due to which he died. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 1.7.2019 (more than two and half months) having no criminal history and in case he is released on bail, he 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 applicant and admitted that applicant 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 applicant Balram Singh Alias Balloo involved in Case Crime No. 70 of 2019, under Sections 302, 404 IPC, Police Station Bara, District Allahabad 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 applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant 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 him 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 :- 26.9.2019 A. Singh