Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18130 of 2019 Applicant :- Dharmpal @ Dharm Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramesh Chandra Pal Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
Learned counsel for the applicant submits that the applicant is not named in the FIR. The FIR of the alleged incident was lodged by one Jitendra Pal Singh on 24.7.2018 mentioning therein that on 23.7.2018 at about 11.30 hours when he was going to Singna, he saw that a dead body is lying near Bharat Petrolatum NH2 Agra Road. The FIR was lodged against unknown. During investigation the name of Subham, Haseen Ansari @ Neha and Sonu @ Shyam Baghel came into light. Subham, Haseen Ansari @ Neha and Sonu @ Shyam Baghel were arrested by police on 25.7.2018 and looted ornaments were also recovered from their possession. In the confessional statement of co-accused Subham the name of the applicant came into light. It has further been submitted that the applicant is father of co-accused Sonu due to which he has falsely been implicated in the present case. The applicant has no concern with the alleged incident. There is no eye witness of the alleged incident. There is no other cogent evidence against the applicant with regard to the involvement of the applicant. No incriminating article has been recovered from the possession of the applicant or on his pointing out. The applicant has not committed the alleged offence. The case of the applicant is distinguishable from the case of other co-accused. There is no criminal history of the applicant and is in jail since 25.7.2018.
Per contra, learned A.G.A has opposed the prayer for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Dharmpal @ Dharm Singh involved in Case Crime No. 638 of 2018, under Sections 302, 201, 120-B, 380, 411, 364 A and 34 IPC, P.S. Sikandra, District Agra 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:-
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 30.4.2019 A.