Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29622 of 2017 Applicant :- Dangal Singh And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamal Dev Rai Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Kamal Dev Rai, learned counsel for the applicants and Sri Saqib Meezan, learned AGA appearing for the State.
This is an application for bail on behalf of Dangal Singh and Adey Ram in Case Crime No. 147 of 2017, under Section 302/34 IPC, Police Station Civil Lines, District Etawah.
The submission of the learned counsel for the applicants is that it is a case that is purely built on the informant's conjecture and portrayed by witnesses who have not seen anything; that the FIR shows that the deceased was left back at home while the family had gone to attend the party when they came back they saw the applicants along with the other co-accused moving out of the house with different kinds of weapons in hands and inside they found the deceased strangulated to death; that no one has seen the applicants or other co-accused committing the offence and instead of that, they saw that the applicants and other co-accused were moving around the house where the deceased lay strangulated on his bed; the cause of death is asphyxia as a result of strangulation; that there is no recovery of any incriminating material from the person of the applicant or at the pointing of any other co-accused/alleged accomplishes; and, that under the facts the chain of circumstances is far from complete against the applicant.
Learned AGA has opposed the prayer for bail and submitted that the witnesses have seen the applicant coming out from the house about the time when the deceased was found strangulated on his bed. However, learned AGA has not been able to point out any positive circumstance or evidence, prima facie, to connect the applicant to the crime, at least any thing so obvious as to keep the applicant in jail pending trial.
Having considered the submissions made on both sides, the nature of allegations, the fact that it is a case that is based on circumstantial evidence, there is no recovery of any incriminating material from the applicant and the entire prosecution story is, prima facie, one that is not supported by any tangible evidence but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicants Dangal Singh and Adey Ram involved in the aforesaid case be released on bail on each of them furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned with the following conditions:
1. The applicants shall not tamper with the prosecution evidence.
2. The applicants shall not pressurize the prosecution witnesses.
3. The applicants shall appear on the date fixed by the trial Court.
4. 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 default of any of the conditions enumerated above, it is open to the opposite party to approach this Court for cancellation of bail.
Order Date :- 28.3.2018 Imroz