Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5120 of 2021 Applicant :- Devraj Singh Opposite Party :- State of U.P. Counsel for Applicant :- Manish Joshi Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
The first informant Vishnu has lodged a first information report on 11.11.2020 alleging that on 11.11.2020 at about 11:00 AM while he has gone to sell his vegetables, at about 5:00 PM his daughter Poonam informed that Pooja, another daughter of first informant, has been murdered in the house. The first information report was lodged against unknown persons. During investigation, the involvement of applicant was shown.
It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. The applicant is not named in first information report. It has been submitted that first information report has been lodged on 11.11.2020 at 21:52 hours on the information of above stated Poonam but at that time no such fact was mentioned that applicant was seen running from the house of informant and first information report was lodged against unknown persons. It has been submitted that after nine days of incident, said Poonam has made a statement to the effect that on 11.11.2020 at 5:00 PM when she has returned at her home, she has seen the applicant coming out from her house. She has also alleged that earlier applicant used to visit his sister but since last one month there has been some dispute between them. Learned counsel submitted that if the said witness Km. Poonam has seen the applicant coming out from her home, there are no reasons that why she did not disclose his name in first information report or why she kept mum for eight days after registration of case. It has been further submitted that alleged recovery of blood stained clothes of applicant, is false and improbable and it cannot be believed that for nine days applicant would keep his blood stained clothes in the same position. It was also stated that alleged 'Hasiya' has recovered from the house of deceased and not from the applicant. It has been submitted that except the statement of said Km. Poonam, there is no other evidence to connect the applicant with the murder of deceased. It has been further submitted that the applicant is languishing in jail since 23.11.2020, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail and argued that after the incident applicant was seen coming from the house of deceased.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Devraj Singh involved in Case Crime No. 1119 of 2020, under Sections 302, 452 of IPC, P.S. Katghar, District Moradabad, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant 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 breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 12.8.2021 A. Tripathi