Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1364 of 2019 Applicant :- Jagir Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Abhai Saxena,Ashish Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit on behalf of the State and rejoinder affidavit on behalf of applicant filed today are taken on record.
Heard learned counsel for the applicant as well as Sri H.P. Gupta, learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged against three persons namely Kuldeep Singh, Jagir Singh, father-in-law of Rani and one unknown person alleging that on 2.6.2018 they killed Gurmale Singh (father of complainant) by assaulting with axe, sword and 'Gandasa'(sharp-edged weapon). He died receiving eight injuries but none was incised wound.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 13.6.2018(more than one year and one month) having no criminal history. He has been falsely implicated. The applicant is an old man aged 70 years. Recovery of axe and 'Kripan'(sword) have been shown falsely against the applicant. Even then, no incised wound caused by axe or 'Kripan'(sword) was found. There is no motive against the applicant. There is no independent witness. There is no possibility to get this case decided in near future due to heavy work load. 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 Jagir Singh involved in Case Crime No.118 of 2018, under Section 302 IPC, Police Station Amariya, District Pilibhit be 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 :- 25.7.2019 P.P.