Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18427 of 2021 Applicant :- Lal Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Akhilesh Kumar Yadav,Arvind Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. The first information report was lodged against four persons including the applicant attributing general and omnibus allegations that all the accused persons have assaulted the deceased with iron rods. In postmortem report of deceased, only one injury has been shown. Learned counsel has referred the statement of eye-witnesses, namely, Arvind and Deepak and they have stated that co-accused Kuldeep and Vishal have given iron rod blow at head of deceased and that no specific role was attributed to applicant. It was further submitted that in postmortem report of deceased, only one injury has been shown on the body of deceased and there is no such specific evidence that which of the accused has caused the said injury. It has also been submitted that alleged incident has been shown of 04.01.2021 but first information report has been lodged on 10.01.2021. Learned counsel has referred the statement of witnesses and submitted that alleged incident took place suddenly over the issue that wheel of motorcycle of the son of informant has collided with the cycle applicant and there was no motive on the part of applicant to cause death of deceased. It has been further submitted that the applicant is languishing in jail since 22.01.2021, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail and argued that applicant is named in the first information report.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Lal Singh involved in Case Crime No. 12 of 2021, under Sections 304, 323, 504 of IPC, P.S. Kotwali Dehat, District Bijnor, be released on bail on furnishing each 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 shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 27.9.2021 A. Tripathi