Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15743 of 2021 Applicant :- Kaptan Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Prem Babu Verma,Anita Singh,Nirmla Kumari,Prabhat Kumar Tiwari Counsel for Opposite Party :- G.A.,Rajesh Kumar Srivastava,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 Kanharam alleging that on 12.05.2020 applicant and co-accused have caused injuries on 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. 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. 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 and argued that FIR was lodged by deceased himself, wherein he has named applicant. The supplementary statement of wife of deceased was also referred, wherein she has stated that though her husband used to consume liquor but he was assaulted before two days of incident and that he was being harassed by accused persons and his family members. However it could not be disputed that several other witnesses including family members of deceased have not supported the prosecution version and as per postmortem report, cause of death has been shown shock as a result of myocardial infraction and no external injury has been shown on the body of deceased.
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 Kaptan Singh 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 :- 22.9.2021 Anand