Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15685 of 2021 Applicant :- Kanharam Opposite Party :- State of U.P.
Counsel for Applicant :- Prem Babu Verma,Anita Singh,Nirmla Kumari,Prabhat Kumar Tiwari,Rajesh Kumar Srivastava Counsel for Opposite Party :- G.A.,Virendra Kumar Srivastava
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the first informant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime no. 222/2020, under Sections 323, 304 IPC, Police Station Achhanera, District Agra, with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has been falsely implicated in this case. It was submitted that FIR was lodged against applicant and co-accused Kaptan Singh alleging that on 12.05.2020 applicant and co-accused have caused injuries at the leg of deceased Upendra Singh by the tractor. It was further submitted that alleged incident has been shown of 12.05.2020, but FIR has been lodged on 16.05.2020. Learned counsel has referred statements of several family members of deceased and some independent witnesses and submitted that all of them have stated that deceased was a drunkard and he used to quarrel with his father and that he has suffered death due to illness. Even the mother of deceased has made statement to that effect that no such incident has taken place and that the deceased has died due to some illness. It was stated that initially even the wife of deceased has not made any incriminating statement against the applicant. It was submitted that in the postmortem report of deceased, no external injury has been shown on the body of deceased and that cause of death has been shown due to shock as a result of myocardial infraction and thus, the prosecution version is not supported by postmortem report of deceased. It was further submitted that the similarly placed co-accused Kaptan Singh has already been granted bail by this Court vide order dated 22.09.2021, passed in Criminal Misc. Bail Application No. 15743 of 2021. Learned counsel has submitted that there is no cogent evidence against applicant and that now he is in judicial custody since 21.01.2021, having no criminal history and that in case, applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for the first informant have opposed the prayer for bail .
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Kanharam involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 30.9.2021 A. Tripathi