Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45284 of 2021 Applicant :- Bhagwan Das Opposite Party :- State of U.P.
Counsel for Applicant :- Saumya Srivastava,Rahul Saxena Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Bhagwan Das, in Case Crime No. 116 of 2021, under Sections- 342, 304 I.P.C.
P.S. Bishalpur, District- Pilibhit.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 14.06.2021; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; deceased tried to burgal at the night in the house of applicant; he was apprehended and on hue and cry, assaulted by many persons present thereat; subsequently, a Case Crime No.84 of 2021, under Sections 457, 380, 511 I.P.C., was got registered in that night at Police Station- Bisalpur, District Pilibhit; police took accused to hospital and his parents were summoned; he was shifted to specialized treatment but was taken by his parents, where he developed septicaemia and died out of it; subsequently, this false implication was got made and after a long gap of time, two danda have been said to be recovered upon the pointing of applicant whereas two danda is a very common in every home and it was a recovery, as above. Co-accused Prahlad has been enlarged on bail vide order dated 16.9.2021, in Criminal Misc. Bail Application No. 30301 of 2021 by Co-ordinate Bench of this Court. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not oppose this fact that applicant is of no criminal antecedent and prior to registration of this case crime number. A case crime number was registered against the deceased.
Having heard learned counsels for both sides and gone through materials placed on record as well as considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out. Accordingly, the bail application is allowed.
Let the applicant, Bhagwan Das, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 29.10.2021 Kamarjahan Digitally signed by RAM KRISHNA GAUTAM Date: 2021.10.29 17:20:22 IST Reason: Document Owner Location: High Court of Judicature at Allahabad