Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20297 of 2018 Applicant :- Bhoore Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Om Vikram Singh Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged by Sapna Bai Kinnar against Aarti Kinnar alleging that she has killed Rajni Bai Kinnar. During investigation, involvement of Aarti Kinnar was found false and three accused namely Anjali Kinnar @ Rani, Shabnam Kinnar and Bhure Singh were found involved in this incident. They were arrested by police on 16.11.2017 and some ornaments were recovered from their possession. Cause of death was not ascertained, hence visra was preserved.
It is submitted by learned counsel for the applicant that case of present applicant is identical to co-accused Anjaly Kinnar @ Rani who has already been enlarged on bail by this Court vide order dated 22.5.2018 passed in Criminal Misc. Bail Application No.19069 of 2018 and the applicant is entitled to bail on the ground of parity. The applicant is not named in the FIR and has been falsely implicated in the present case. The applicant is languishing in jail since 16.11.2017 (more than six months) having no criminal history. After two months, accused persons were arrested and recovery shown was planted by the police. There was no eye-witness account as well as independent witness. In case applicant is released on bail, applicant will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history and applicant's case is identical to aforesaid co- accused who has been enlarged on bail.
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 view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Bhoore Singh involved in Case Crime No.550 of 2017, under Sections 302, 394, 411 IPC, Police Station Bakewar, District Etawah 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 applicant is accused, or suspected, of the commission of which applicant 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 :- 29.5.2018 OP