Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55534 of 2019 Applicant :- Deepak Singh @ Deep Singh Opposite Party :- State of U.P. Counsel for Applicant :- Jagdev Singh Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Jagdev Singh, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for the State and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 113 of 2019 under Sections 302 I.P.C., Police Station Ughaiti, District Budaun, during the pendency of trial.
Learned counsel for the applicant contends that applicant has been falsely implicated. He has been made accused in this case only on the basis of extra judicial confession allegedly made by him before the Gram Pradhan to have committed this offence which is absolutely false. It is further argued that stole (angaucha) is said to have been recovered at his instance from his house by which it is said that he has given effect to the occurrence. The same is false recovery. Applicant has no previous criminal history. The applicant is languishing in jail since 2.8.2019. If he is released on bail, he would not misuse the liberty.
Learned A.G.A. has opposed the prayer of grant of bail and has argued that applicant had motive to cause this occurrence because the deceased was having illicit relation with the Bhabhi of the applicant.
In view of above arguments, looking to the fact that there is no direct evidence against the accused-applicant and it is a case of circumstantial evidence, taking into consideration the quantum of punishment, nature of offence and period of detention, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Deepak Singh @ Deep Singh 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 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 not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above 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.
Order Date :- 17.12.2019 A.P. Pandey