Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6922 of 2018 Applicant :- Dangal Singh And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Saurabh Sachan,Ashwani Kumar Sachan Counsel for Opposite Party :- G.A.,Rajendra Kumar Yadav
Hon'ble Aniruddha Singh,J.
Supplementary affidavit and counter affidavit filed today are taken on record.
Heard Sri A.K. Sachan, learned counsel for the applicants and learned AGA for the State, and perused the record.
According to prosecution case, initially FIR was lodged against Dangal, Ramesh, Omveer and Yogendra alleging that on 3.10.2013 Dangal, Ramesh and Omvir shot fire at Preeti @ Pallavi(wife of informant Karru @ Madan Pal); Yogendra was also involved in conspiracy. Preeti died on spot. After investigation, charge sheet was submitted against Nempal, Pramod and Karru @ Madan Pal, husband of deceased. On further investigation, charge sheet was submitted against Dangal, Ramesh and Omvir. After some time, Omvir died.
It is submitted by learned counsel for the applicant that applicants are languishing in jail since 5.9.2017(more than seven and half months). Criminal history of one case has been explained. They have been falsely implicated due to enmity of Pradhani election. In first investigation they were not found guilty and involvement of Yogendra was found false. Story made by the prosecution against these accused is doubtful and there is no direct evidence/eye witness count. In case applicants are released on bail, they 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 applicants.
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 applicants have made out a case for bail. The bail application is allowed.
Let applicants Dangal Singh and Ramesh involved in Case Crime No. 610 of 2013, under Section 302/120-B IPC, Police Station Jarifnagar, 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 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 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 :- 26.4.2018 P.P.