Court No. - 51
1. Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35835 of 2020 Applicant :- Bhoop Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Rakesh Kumar Rathore,Raghubir Singh,Sanjeev Kumar Counsel for Opposite Party :- G.A.,Vishvendra Singh
2. Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39149 of 2020 Applicant :- Gopal Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Hitesh Pachori,Raghubir Singh Counsel for Opposite Party :- G.A.,Vishvendra Singh
Hon'ble Om Prakash-VII,J.
Since these bail applications arise out of same case crime number, they have been heard together and are being decided by a common order.
Heard Shri Raghubir Singh, learned counsel for the applicants, Shri Vishvendra Singh, learned counsel for informant as well as the learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. They have not committed the present offence. Applicants are not named in the F.I.R.. No active role for causing injuries to the deceased is assigned to the applicants. If entire prosecution case is taken into consideration then also only role of taking the deceased at the place of occurrence is assigned against them. At this juncture, learned counsel for the applicants referred to the contents of the F.I.R. as well as statement of witnesses recorded under Section 161 Cr.P.C., it is further submitted that no prima facice case is made out against the applicants. All the criminal cases shown as criminal history were planted after arrest in this matter. They are languishing in jail since 23.06.2020 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned counsel for the informant as well as learned AGA opposing the prayer for bail argued that if the applicants would have not taken to the deceased at the place of occurrence, present incident would not have been committed by the applicants. Number of fire arm injuries were found on the body of the deceased. There is active participation of the applicants in commission of the present crime.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, scrutinizing the evidence available on record, complicity of accused and without expressing any opinion on merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail applications are allowed.
Let the applicants Bhoop Singh and Gopal Singh involved in Case Crime No. 210 of 2020, under Sections 302, 120-B, 34 IPC, P.S. Malpura, District - Agra be released on bail on furnishing each a personal bond and two heavy 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 prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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.
Order Date :- 29.7.2021 Sanjeet