Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55572 of 2019 Applicant :- Kamal Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Nanhe Lal Tripathi, learned counsel for the applicant and Sri B.A. Khan, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 13 of 2019 under Section 302 I.P.C., P.S. Jakhaura, District Lalitpur.
As per F.I.R., it is mentioned that the accused applicant had called the deceased on mobile phone in his house for having food and also to bring some money and, thereafter deceased did not return home. Wife of the deceased tried to stop the deceased from going there. Subsequently on 25.01.2019 at about 7:00 A.M., the dead body with crushed head was found on the passage leading to the house of Sirnam and nearby, one blood stained stone was also lying.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; there is no eye-witness who has seen the occurrence. False recovery has been shown to have been made at the pointing out of the accused; blood stained stone was also found from open space and the said weapon of assault was not sent for being tested by F.S.L. There is no other piece of evidence linking the accused with this occurrence. This is a case of circumstantial evidence; accused is innocent; he is lying in jail since 31.01.2019; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
Looking to the fact, quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Kamal Singh involved in aforesaid crime 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 16.12.2019 A. Mandhani