Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12597 of 2021 Applicant :- Fall Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Anil Kumar Singh Bishen Counsel for Opposite Party :- G.A.,Mahesh Chandra Tiwari
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the first informant and learned A.G.A. for the State.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has not committed any offence. Alleged incident has been shown of 17.09.2020 but FIR has been lodged on 28.10.2020. It was submitted that the statement of alleged eye-witness Girja regarding involvement of applicant is not reliable and that applicant has been falsely implicated merely because he is father of main co-accused Umesh. The recovery of spade has been made at the instance of co-accused Umesh and that some part of dead-body of deceased were also recovered at the instance of co-accused Umesh. It was stated that it was the co-accused Umesh, who has earlier enticed away the deceased, and thereafter, the deceased and her daughters were living with co-accused Umesh. Learned counsel has submitted that even as per alleged eye-witness Girja, no specific role has been attributed to applicant. Learned counsel has submitted that mere presence of applicant at spot would not make him culprit in the alleged incident. It has been submitted that the role of co-accused Umesh is distinguished from applicant. It has been submitted that the applicant is languishing in jail since 28.10.2020 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. as well as learned counsel for the first informant have opposed the prayer for bail and argued that the applicant is named in FIR and that alleged eye-witness Girja has stated that applicant and co-accused Umesh and Radheyshayam have committed murder of deceased.
Considering the entire facts, it appears that the main role in the incident is of co-accused Umesh with whom deceased was living with her children as his wife and that recovery of weapons and parts of dead-body of deceased have also been made at the instance of co-accused Umesh and that applicant is father of said co-accused Umesh.
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 Fall Singh involved in Case Crime No.594 of 2020, under Sections 302, 201, 506 IPC, P.S. Jagdishpura, District Agra, 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 :- 30.9.2021 Neeraj