Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4316 of 2019 Applicant :- Bani Singh @ Bani Pal Opposite Party :- State Of U.P.
Counsel for Applicant :- Satyendra Narayan Singh Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contended that applicant has been falsely implicated being Mama of co-accused Nahar Singh and Mansukha; that there is no incriminating evidence against applicant; that co-accused Nahar Singh and Mansukha with identical role have been granted bail by this Court vide orders dated 2.11.2018 and 10.12.2018 passed in Criminal Misc. Bail Application Nos.41276 of 2018 and 34059 of 2018, copies at Annexure No.8; that no specific role has been assigned to applicant; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 8.4.2018.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment, grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Bani Singh @ Bani Pal be released on bail in Case Crime No.136 of 2018, under Sections 302 IPC, P.S. Sikandararau, District Hathras on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 30.1.2019 Tamang