Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32590 of 2019 Applicant :- Kiran Singh Patel Opposite Party :- State Of U.P.
Counsel for Applicant :- Surendra Prasad Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Sri Ashish Kumar Singh, Advocate filed his Vakalatnama on behalf of the applicant is taken on record.
Counter affidavit on behalf of State filed today is taken on record.
Sri Ashish Kumar Singh, learned counsel for the applicant and Sri S.P. Singh, learned counsel for the complainant submitted that no bail application of any co-accused is pending in this Court. Ms. Ladlee Pandey, learned A.G.A. admitted this fact.
Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged against unknown person alleging that dead body of deceased (Santosh Kumar), son of the complainant, was found on 21.2.2019. Head was found separated and some part of body was partially burnt. During investigation, the names of Prabhat Priyadarshi Patel @ Monu Patel, Kiran Singh and Sangram Singh Patel were surfaced and it was found that there was illicit relation between Kiran, wife of the deceased, and Monu Patel, hence this incident was done. Call details were also obtained and it was found that between Kiran and Monu Patel, before the death of the deceased, some calls were done. In the statements of Lal Bahadur and Anil Kumar Singh they had stated that deceased was last seen with three persons, namely, Prabhat Priyadarshi Patel @ Monu Patel, Kiran Singh and Sangram Singh Patel after one and half months of the incident.
Learned counsel for the applicant submits that applicant has been falsely implicated in this case on the basis of suspicion only due to lady and applicant is languishing in jail since 21.4.2019 (more than four months) having no criminal history. There is no recovery at pointing out of applicant. Accused Sangram Singh Patel has been granted bail by this Court vide order dated 09.07.2019 passed in Criminal Misc. Bail Application No. 27307 of 2019. The case of applicant the applicant is identical to the case of accused-Sangram Singh Patel who has been granted bail by this Court. There is no legal or cogent evidence against the applicant. The case is based on the circumstantial evidence only and at this stage complete chain is not established. There is no independent/eye witness account against the applicant and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant submitted that deceased was the alone son of complainant and he was killed. There was illicit relation between applicant and Monu Patel.
Learned A.G.A. as well as learned counsel for the complainant 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 and the case of the applicant is identical to the case of co-accused-Prabhat Priyadarshi Patel @ Monu Patel, who has already been enlarged on bail.
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 Kiran Singh Patel involved in Case Crime No.
140 of 2019, under Sections 302/120-B, 201 IPC, Police Station- Robertsganj, District- Sonebhadra 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 he is accused, or suspected, of the commission of which he 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 him 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.
Order Date :- 26.8.2019 OP