Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40128 of 2019 Applicant :- Dharm Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Jata Shankar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Mayank Mishra, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 25.12.2018 (after 20 days of incident) against six accused persons, namely Omkar @ Vikki, Nepal, Rakshpal, Sanjay, Dharm Singh and Poonam alleging that on 5.12.2018 they killed Rahul. According to postmortem report, cause of death could not be ascertained, viscera was preserved and according to F.S.L. report, orgenocloro insecticide poison was found in the body of deceased. There was illicit relation between deceased and Poonam (wife of Sanay) due to which they killed him.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. F.I.R. was lodged after 20 days of incident after thought and due legal consultation on the basis of suspicion. Deceased committed suicide himself, reasons better known to him. There is no independent witness and no legal evidence against the applicant. Nothing was recovered at the pointing out of any accused. The story narrated by the complainant appears to be false fabricate and unnatural. Applicant has no concern with Sajay. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 30.7.2019 (near about two months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Dharm Singh involved in Case Crime No. 326 of 2018, under Sections 147, 149, 328, 302, 120-B IPC, Police Station Dannahar, District Mainpuri be released on bail on furnishing 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 will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 him 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 conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.9.2019 A. Singh