Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21267 of 2016 Applicant :- Lakhan Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Srivastava,Nasiruzzaman,Rahul Kumar Pandey,S.P.S. Chauhan Counsel for Opposite Party :- G.A.,Rajeev Kumar Singh,Shiv Kumar Singh
Hon'ble Rajul Bhargava,J.
Heard Sri S.P.S. Chauhan, learned counsel for the applicant, Sri Ganesh Shanker Srivastava and Sri Shiv Kumar Singh, learned counsel for the informant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Lakhan Singh in Case Crime No.219 of 2016, under Sections 147, 148, 149, 302 and 307 I.P.C., Police Station Kwarsi, District-Aligarh with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case on account of enmity. As per the consistent case of the prosecution itself as contained in the F.I.R. and statement of the witnesses recorded under Section 161 Cr.P.C. during investigation, the only role assigned to the applicant is of exhortation. According to the averments made in the F.I.R. first shot was fired by co-accused, Rupendra Singh on the deceased, then the applicant is alleged to have exhorted co-accused, Nagendra Singh to fire again on the deceased. It is stated that an ornamental role of exhortation which on the face of it appears to be improbable has been attributed to the applicant. It is further submitted that he has been falsely implicated in seven criminal cases which has been duly explained in the supplementary affidavit. It is stated that he has been involvement in one heinous crime and rest cases are of minor nature. The case of the applicant is distinguishable from that of co-accused against whom role of firing and active participation in the crime has been attributed. All the witnesses of fact has been examined by the trial court and there is absolutely no possibility or apprehension that the applicant would tamper with the prosecution witnesses. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 02.03.2016, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA as well as learned counsel for the informant vehemently opposed the prayer for grant of bail to the applicant and submitted that the applicant is a man of criminal propensity and seven criminal cases have been registered against him, therefore, if he is released on bail at this stage, he may abscond and will not cooperate with the trial.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Lakhan Singh be released on bail in the aforesaid case crime number on his furnishing a personal bond of Rs.5,00,000/- and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above and the applicant at any point of time does not cooperate with the trial, the courts below shall be at liberty to cancel bail of the applicant.
However, the trial court is directed to expedite the trial of aforesaid case and conclude the same in accordance with law without granting unnecessary adjournments to either of the parties as expeditiously as possible preferably within a period of four months from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 28.2.2019 MN/-