Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6958 of 2018 Applicant :- Hari Bhan Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Pal Singh,Pratik J. Nagar Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The argument is that the applicant is although named in the first information report but no role has been assigned to him. He is stated to be brother one of the co-accused Uday Bhan Singh. He has criminal history of one case wherein he has been convicted under Sections 323, 324 and 504 I.P.C and has been punished with three years imprisonment and is stated to be on bail. The applicant is in jail since 2.2.2018.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the 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 Hari Bhan Singh involved in Case Crime No.233 of 2015, under Sections 419, 420, 467, 468, 471, 323, 504, 506, 427 IPC, Police Station Shankargarh, District- Allahabad 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 they are accused, or suspected of the commission of which they are 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 conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 20.8.2018 SS