Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24121 of 2020 Applicant :- Brahma Singh Alias Binna Opposite Party :- State of U.P.
Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A and gone through the record.
This bail application has been moved on behalf of accused-applicant- Brahma Singh Alias Binna, who is involved in case crime no. 7 of 2020 under Sections 323, 302, 504, 506 I.P.C., Police Station- Narsaina, District- Bulandshahar.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the case; that the FIR was lodged after unexplained delay of 4 days against 4 accused persons including the present applicant alleging that they were assaulted father of the informant by lathi-danda; that general role has been assigned to all the accused persons and no specific role has been assigned to any accused; that no independent witness of the alleged incident; that nothing incriminating has been recovered from the possession of the applicant or his pointing out; that the FIR in question has been lodged with an inordinate delay of four days and the non-disclosure of alleged incident dated 6.01.2020 before the police on 7.01.2020 by the informant when the applicant was challenged by the police under Section 151, 107, 116 Cr.P.C. due to the dispute between the applicant and the informant clearly shows that the informant has belatedly cooked up an absolutely false story and lodged the FIR after four days of unexplained delay with a view to harass the applicant; that according to the post mortem report of the deceased which was conducted on 15.1.2020 cause of death is shown brain damage as a result of anti mortem injury following blunt force trauma to the head, injuries are fresh prior to death and cause by blunt force, submission to this effect is that the doctor has opined that at the time of death i.e. on 14.01.2020, injuries were fresh and the prosecution case is that the incident took place on 6.1.2020. It is lastly contended that the accused applicant is languishing in jail since 20.01.2020 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial and thus, the applicant is entitled for indulgence.
Learned A.G.A has opposed the prayer for bail.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicant is entitled for bail.
Let the above mentioned applicant involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
3. However, if due to Covind-19 pandemic, the Sub-ordinate Court is under lockdown, the applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
5. 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.
It is made clear that in the event the Sub-ordinate Court is functional as usual then the normal procedure/ mode of filing bail bonds and two sureties each in the like amount to the satisfaction of the Court concerned will be adopted.
Order Date :- 6.1.2021 Fhd.
Digitally signed by Justice Umesh Kumar Date: 2021.01.07 14:16:46 IST Reason: Document Owner Location: High Court of Judicature at Allahabad