Court No. - 38
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48553 of 2020 Applicant :- Deepak @ Prashant Siwach Opposite Party :- State of U.P.
Counsel for Applicant :- Birendra Singh Khokher,Vidya Kant Shukla Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard Sri Birendra Singh Khokher and Sri Vidya Kant Shukla, learned counsels for the applicant and learned A.G.A. for the State.
This is the second bail application of the applicant. The first bail application of the applicant, Criminal Misc. Bail Application No. 45946 of 2019, was rejected by this Court by order dated 12.02.2020 directing the trial court to conclude the trial of the applicant within a period of one year from the date of production of certified copy of this order. It is not clearly stated when the copy of the order dated 12.02.2020 of this Court was filed before the trial court. However, from the order dated 22.10.2020 of the trial court, it appears that the court was aware of the order dated 12.02.2020 and has stated that the trial is to be concluded expeditiously as per the order of the High Court.
Learned counsel for the applicant has submitted that after the order of this Court, 5 prosecution witnesses have been examined and all of them have become hostile. The allegation that single shot fired at the deceased was of 0.32 bore gun has been belied by the FSL report which has been brought on record along with supplementary affidavit filed by learned counsel for the applicant and it has been found by the expert that the bullet recovered do not fit in 0.32 bore gun. The bullet was oversized. Therefore, the recovery of 0.32 bore gun was wrongly planted against the applicant. It has further been submitted that now only P.W.6, Kshama, wife of deceased, is to be examined but she is not appearing before the court despite various orders. Her whereabouts are not known and the summons are not being served on her.
Learned counsel for the applicant next submitted that the applicant is languishing in jail since 01.06.2019. He has been implicated on the basis of CCTV camera footage. No evidence of CCTV camera footage has been brought on record by the prosecution till date. There is uncertainty about the conclusion of trial. The applicant has no criminal history to his credit.
Learned A.G.A. has opposed the prayer for bail of the applicant.
Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, let the applicant, Deepak @ Prashant Siwach, involved in Case Crime No. 215 of 2019 u/s 302, 34 I.P.C., Police Station- Ganga Nagar, District- Meerut, 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 on the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall appear on the date fixed by the trial court.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. The applicant shall not directly 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.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
6. 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that in case the witnesses are not appearing, the concerned court is directed to initiate necessary coercive measure for ensuring their presence.
Order Date :- 30.7.2021 KS