Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15070 of 2018 Applicant :- Jodh Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Sujan Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Sudhakar Shukla, Advocate on behalf of the complainant is taken on record.
Heard Sri Sujan Singh, learned counsel for the applicant, learned counsel for the complainant and learned learned State Law Officer and perused the record.
According to prosecution case, the first information report was lodged on 20th January, 2014 at 19.45 hours by the co-accused Titu Singh against Mithlesh, who is his real sister-in-law, the applicant was not named in the first information report; by an order of the court below under Section 319 of the Code of Criminal Procedure, he was summoned and applied for bail; bail application of the applicant was rejected; hence the present bail application.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. No specific role is assigned against the applicant. There is general allegation against the applicant. There is no evidence against the applicant and after thought on the statement of one Paras, he was summoned without giving opportunity to cross- examine Paras. There is no independent witness against the applicant. He is languishing in jail since 18th October, 2017 (more than seven months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Jodh Singh involved in Session Trial No. 461 of 2014 arising out of Case Crime No. 49 of 2014, under Section 302 of the Indian Penal Code, Police Station Shamshadbad Agra District Agra 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 she is accused, or suspected, of the commission of which she 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 her 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.
(Aniruddha Singh, J.) Order Date :- 24.4.2018 Sushil/-