Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22992 of 2021 Applicant :- Deepak Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Shive Datta Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 51 of 2019 under Sections 306 IPC, Police Station - Khaga, District - Fatehpur with the prayer to enlarge the applicant on bail.
Initially, a information was given by the complainant Lal Singh about the death of his niece who had gone outside from her house on 27.2.2021 at about 7:00 P.M. to ease herself and her dead body was found on 28.2.2021 in the fields. On the death information a panchayatnama about the death of the deceased was executed. Thereafter, post-mortem of the dead body of the deceased was conducted and the doctor opined that the deceased died due to ante-mortem hanging, a ligature mark was found on her neck. Again a First Information Report was lodged against the present accused Deepak Singh, Dhankesh who happens to be the elder brother of the applicant and other family members namely Dheeraj and Komal. In the FIR it has been stated that when the complainant and others went towards the place of the incident, the above named peoples were trying to hang the daughter of the complainant, and seeing the complainant they left the deceased and ran away. It was also alleged in the report that the complainant is having full belief that the above named persons had murdered the daughter of the complainant. Later on, the police conducted the investigation and submitted that charge sheet only against the present accused and other three persons and submitted the charge sheet only against the present accused and other three persons were exonerated.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and has been falsely implicated in the present case. It is submitted that there is no evidence on the file which could connect the present accused with commission of the crime as there is no specific evidence on record, which shows that the present accused instigated the deceased to commit suicide or he abetted her or he played any overt act in commission of the alleged crime. Lastly, it is argued that the applicant is in jail since 03.03.2021 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail. But the learned AGA could not controvert the aforesaid submissions of the learned counsel for the applicant.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out on the condition that the present applicant will cooperate in the trial proceeding and will not tamper with the prosecution evidence The prayer for bail is granted. The application is allowed.
Let applicant Gajendra Singh involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law;
(2). The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;
(3). In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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.
Order Date :- 13.8.2021 LBY Digitally signed by Justice Ajit Singh Date: 2021.08.16 16:13:06 IST Reason: Document Owner Location: High Court of Judicature at Allahabad