Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22686 of 2019 Applicant :- Jai Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Counter affidavit filed on behalf of State is taken on record.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that initially the F.I.R. of the alleged incident was lodged by Chandrawati wife of the deceased against Rishipal son of Rajpal, Bhupendra, Rishipal son of Saudan Singh and Bishunlal in suspicion. In the first information report it has been mentioned that Rishipal son of Rajpal and Bhupendra have got executed a registered sale deed of agricultural land from the deceased without any consideration. After 3 months and 11 days, the Investigating Officer recorded the statements of Bhudeo, Surendra, Suresh, Chandrapal and Badan Singh who have given affidavits against the applicant. In the statements of above witnesses it has come that in the night of 25/26.8.2018 at about 12.15 hours, the applicant and deceased were quarrelling in drunken condition. They have further stated that they saw a piece of rope in the hands of the applicant. Thereafter dead body of the deceased was found in the next morning. It has been further submitted that the applicant has not committed the alleged offence. In fact, the above witnesses have moved affidavits only to save the named persons. The applicant has been falsely implicated in this case only on the basis of his confessional statement. There is no direct evidence against the applicant. Nothing incriminating article has been recovered from the possession of the applicant or on his pointing out. There was no motive to the applicant to commit the alleged offence. There is no criminal history of the applicant and is in jail since 10.12.2018.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Jai Singh involved in Case Crime No.378 of 2018 under Section 302 IPC Police Station Jarifnagar District Budaun 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 with the following conditions;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 31.7.2019 Gss