Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33067 of 2020 Applicant :- Jaypal Singh Rajpoot Opposite Party :- State of U.P.
Counsel for Applicant :- Hans Pratap Singh,Arun Kumar Shukla,Dinesh Kumar Singh,Gaytri Rajput,Vijay Bahadur Shivhare Counsel for Opposite Party :- G.A.,Dharm Singh Parmar
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Hans Pratap Singh, learned counsel for the applicant; Sri Dharm Singh Parmar, learned counsel for the informant as well as Sri Ashwani Prakash Tripathi, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Jaypal Singh Rajpoot with a prayer to release him on bail in Case Crime No. - 83 of 2020, under Sections - 306 I.P.C., Police Station - Jariya, District - Hamirpur, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) against FIR lodged on 12.5.2020, the applicant is in confinement since 05.7.2020.
(ii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest.
(iii) the criminal history of the applicant has been explained through orders of acquittal.
(iv) chargesheet has already been submitted yet trial has not commenced. Therefore, there is no hope of early conclusion of the trial.
(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that the husband of the deceased (brother of the present applicant) had died five years prior to the occurrence; the marriage of the deceased was about 10 years old from the date of occurrence, therefore, no statutory presumption was available; then it has been submitted that prior to the present FIR, no earlier complaint was made against the applicant as to cruelty or any other offence committed upon the deceased; eight days after the occurrence, the FIR came to be lodged making baseless allegations; in that regard it has been submitted that the first informant is witness to the Panchayatnama; no allegation of any foul play had emerged then; there is no credible evidence of any positive act performed by the applicant as may have forced or provoked the deceased to commit suicide.
(vi) in any case, no reasonable apprehension has been brought to the fore by the State and or the informant that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two heavy sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 20.12.2021 Faraz