Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30363 of 2017 Applicant :- Chandan Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjive Kumar Gupta,Radhey Shyam Shukla,Umesh Chandra Tiwari Counsel for Opposite Party :- G.A.,Sudhir Kumar
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri K.P. Tiwari (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against two accused persons, namely, Chandan and Mahendra alleging that on 26.8.2016 they killed Latoori Singh by riding tractor on him and died receiving six injuries.
Learned counsel for the applicant submitted that co-accused Mahendra has already been enlarged on bail by co-ordinate Bench of this Court vide order dated 7.11.2017 in Criminal Misc. Bail Application No. 18449 of 2017. The applicant has been falsely implicated and is languishing in jail since 16.3.2017 (more than two years) having no criminal history. Due to heavy work load, there is no possibility to get this case decided in near future. Deceased was died unfortunately in an accident. There was no motive, intention or knowledge to kill the deceased. Offence under Section 304A I.P.C. is made out against the applicant, which is bailable.There is no independent witness against the applicant and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
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 opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Chandan Singh involved in Case Crime No. 704 of 2016, under Section 302/34 IPC, Police Station Bilsi, District-Budaun 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 he is accused, or suspected, of the commission of which he 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 :- 30.4.2019 OP