Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8577 of 2021 Applicant :- Kriparam Opposite Party :- State of U.P.
Counsel for Applicant :- Jai Singh Parihar Counsel for Opposite Party :- G.A.,Anand Pati Tiwari
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. 101/2020, under Sections 302/34 IPC, police station Gursarain, District Jhansi 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 as per prosecution version, applicant and co-accused Lal Singh and Rajpal have assaulted the deceased with sticks and axe. It was submitted that applicant has been named in the FIR merely because he is father of co-accused Lal Singh and Rajpal and that no specific role has been assigned to the applicant. Learned counsel has pointed out recovery memo and submitted that recovery of one stick has been shown from the applicant and recovery of axe has been shown at the instance of co-accused persons and that there is no such evidence that applicant has assaulted the deceased with axe. It was also pointed out that during investigation, some independent witnesses including Tulsi Ram, Ravindra Kumar, Narendra Kumar, Ram Naresh, Attar Singh and Shobharam, have inter alia stated that at the time of alleged incident, applicant was present at Gursarain and thus, his presence in the incident is doubtful. It has further been argued that the applicant is 67 years old person and he is in judicial custody since 7.08.2020, having no criminal history and in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for the first informant have vehemently opposed the prayer for bail and argued that applicant is named in the FIR and deceased has sustained six injuries and that there is evidence that applicant and co-accused persons have assaulted the deceased with sticks and axe.
From perusal of record, it appears that case of applicant is distinguished from co-accused persons.
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 view that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Kriparam 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 court below shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 20.12.2021 Anand