Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30212 of 2019 Applicant :- Balvindar Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Jitendra Pal Singh,Pradeep Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Supplementary affidavit filed on behalf of applicant in the Court today is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 478 of 2018, under Section 392 I.P.C., P.S. Pooranpur, district-Pilibhit, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant was not named in the first information report. His name as an accused in the present case surfaced for the first time after more than three months of the occurrence in the confessional statement of co-accused Dhir Singh and Baad Singh recorded after they were taken into police custody which is wholly inadmissible in evidence against him. No incriminating article or material has been recovered either from the applicant or on his pointing out.
Learned counsel for the applicant has placed reliance in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22. Applicant is languishing in jail since 5.9.2018 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. has opposed the prayer for bail and submitted that there is criminal history of four cases against the applicant, hence he is not entitled to be enlarge on bail.
In reply, learned counsel for the applicant submitted that he has properly explained the criminal history in paragraph 9 of the affidavit accompanying the bail application.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Balvindar Singh be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 478 of 2018, under Section 392 I.P.C., P.S. Pooranpur, district-Pilibhit subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses. Case Crime No. 435 of 2013 (Rajesh Sen @ Sukroo), under sections 302 and 201 I.P.C., P.S. Barra, district-Kanpur Nagar
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 30.7.2019 Faridul