Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28823 of 2021 Applicant :- Jai Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Beerendra Pratap Singh,Lallan Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Beerendra Pratap Singh, learned counsel for the applicant, Sri Sanjay Singh, learned AGA for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Jai Singh, seeking enlargement on bail during trial in connection with Case Crime No. 418 of 2020, S.T. No. 49 of 2021, under Section(s) 302, 201 I.P.C. registered at P.S. Ranipur, District Mau.
Learned counsel for the applicant argued that although the applicant is named in the F.I.R. but his naming is based on suspicion only and no active role has been assigned to him. The first informant states that his daughter went from house of 15.11.2020 to purchase some articles of stitching but did not return back after which a missing report was registered on 18.11.2020 and on the next date he came to know that her dead body was lying in sugar cane field where he went and identified the same to be as that of his daughter and even after that on 22.11.2020 the present F.I.R. has been lodged which is after three days' of recovery of the dead body which is an afterthought and even therein the allegation against the applicant is that he has came to know that there was some relationship between his daughter and the applicant and she wanted to marry the applicant but the marriage of the applicant was fixed somewhere else and he refused marrying his daughter and as such, he has suspicion that the applicant and the co- accused Ram Singh were considering his daughter as a hindrance and have murdered her. It is argued that co-accused Ram Singh has been granted bail by a co-ordinate Bench of this Court vide order dated 06.8.2021 passed in Criminal Misc. Bail Application No. 19293 of 2021, copy of which has been produced before the Court, which is taken on record. It is argued that the applicant has no other criminal antecedents as stated in para-22 of the affidavit and is in jail since 22.11.2020.
Per contra, learned AGA opposed the prayer for bail and argued that the applicant is named in the F.I.R. and there is an allegation of his having love affair with the deceased but could not dispute the other arguments as raised.
After having heard learned counsels for the parties and perusing the record, it is apparent that the present F.I.R. is lodged on the basis of suspicion only. The first informant is not an eye witness to the incident. The present case is a case of circumstantial evidence and there is no eye witness to the murder. The co- accused Ram Singh has been granted bail by a co-ordinate Bench of this Court.
Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Jai Singh, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.
(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229- A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
Order Date :- 12.8.2021 Naresh (Samit Gopal,J.)