Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14397 of 2018 Applicant :- Lal Singh Jatav Opposite Party :- State Of U.P.
Counsel for Applicant :- Satya Narayan Yadav,Vivekanand Pandey Counsel for Opposite Party :- G.A.,Ratan Singh
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri R.K. Singh (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against six accused persons including the applicant alleging that on 23.10.2017 at 16:00 hours they killed Ram Kumar @ Jai Kumar by lathi-danda and brick. He received three lacerated wounds and one on head and died. Bloodstained danda and brick used in the crime were recovered at the pointing out of applicant and one danda used in the crime was recovered at the pointing out of Pappu but they stated that they killed the deceased jointly.
Learned counsel for the applicant submitted that applicant has been falsely implicated in this case and is languishing in jail since 30.10.2017(one year and nine months) having no criminal history. Due to heavy work load, there is no possibility to get this case decided in near future. Recovery was shown by the Police falsely. General role has been assigned to all persons. Only one injury was found on the body of the deceased. It is not clear who is author of that injury. There is no independent witness against the applicant and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. 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 also admitted that general role of all accused persons.
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 Lal Singh Jatav involved in Case Crime No. 956 of 2017, under Section 147, 302 IPC, Police Station- Shikohabad, District- Firozabad 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 :- 25.7.2019 OP