Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21272 of 2021 Applicant :- Himanshu @ H.P Singh @ Golu Opposite Party :- State of U.P.
Counsel for Applicant :- Devendra Kumar Misra,R.P.S. Chauhan,Yogesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over this second bail application moved by the applicant, Himanshu @ H.P Singh @ Golu, in Case Crime No. 227 of 2013, under Sections-302, 504, 506 I.P.C. Police Station-Ganjdundwara, District-Kasganj.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that first bail application of the applicant was rejected on 03.05.2019 and additional ground for moving this second bail application is that the prosecution witnesses no. 1, 2 and 3, i.e. informant and two other witnesses, were examined before the trial Court and in their testimony, prosecution case was not supported by them; identity of accused were not established by them; this Court vide order dated 28.09.2021 directed for placing this bail application after recording the statement of Geeta an eye witness account and wife of the deceased; now Geeta, who has been examined as P.W.-4, in her statement has categorically said to have not identified the three assailants riding on one motor cycle; she has categorically denied the applicant and other named accused to be assailants as well as now right from informant and two other witnesses who have given the name have not supported the case of prosecution; the applicant is languishing in jail since 14th September 2018; there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case of release on bail. Hence bail has been prayed for.
Learned AGA has vehemently opposed bail, but could not oppose the above factual aspect.
Having heard learned counsel for both the parties, gone through the material placed on record, it is apparent, that First Information Report was got lodged by the informant against unknown assailants; subsequently name of accused persons have been given, but all the witnesses said to be present on the spot and identified, have not supported the prosecution case, in their statements, and considering the nature of accusations, severity of the punishment in the case of conviction but without commenting on the merits of the case, a case for bail is made out, accordingly allowed.
Let the applicant, Himanshu @ H.P Singh @ Golu, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 27.10.2021 Deepak/