Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7523 of 2019 Applicant :- Hari Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Anil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard Sri Sunil Kumar Singh, holding brief of Sri Anil Kumar, learned counsel for the applicant as well as learned AGA for the State and perused the record.
According to prosecution case, one complaint was filed as Case No. 719 of 2017 wherein an order dated 16.2.2018 was passed by CJM, Kasganj summoning Subedar, Hari Singh and Vishesh Kumar under sections 302, 201, 506, 120-B IPC.
Learned counsel for the applicant submitted that firstly, an application bearing No. 1421 of 2016 dated 23.8.2016 under section 156(3) Cr.P.C. was filed which was dismissed vide order dated 21.1.2016, against that order, Criminal Revision No. 175 of 2017 was preferred before this Court which was also disposed of on merit on 17.1.2017 with direction to the revisionist to file appropriate application before the court below under the provisions of law. Later on, Complaint Case No. 719 of 2017 was filed, in which Subedar, Hari Singh and Vishesh Kumar were summoned. No opportunity of cross-examination of witnesses Rupa Devi, Devendra Singh and AISM Meenakshi was provided to the applicant. The applicant has been falsely implicated. There is no legal evidence against him. The applicant was present at the time of cremation of deceased Hori Lal and he participated in said function. Later on, the applicant Hari Singh and Vishesh Kumar were summoned. He is languishing in jail since 14.1.201 (more than one and half month) having no criminal history. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence 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 applicant Hari Singh involved in Complaint Case No.719 of 2017 under section 302, 201, 506, 120-B IPC, Police Station Amapur, District Kasganj 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 :- 25.2.2019 OP