Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17271 of 2021 Applicant :- Lalji @ Lalit Giri Opposite Party :- State of U.P.
Counsel for Applicant :- Sachin Srivastava,Alok Kumar Singh 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 applicant is not named in the first information report and that after 21 days of the FIR, one application was given to the police, wherein it was stated that on the night of incident, applicant has come at the temple, where deceased was residing and later on applicant has made extra judicial confession regarding his involvement in the murder of deceased. It has been submitted that the statements of Vijay Singh, Pappu and Dharmendra @ Tufani, who have claimed that applicant accused has made extra judicial confession before them, are false and baseless. There is no eye-witness of incident and no recovery has been shown from the applicant. It was submitted that applicant has already left the temple, where the deceased was living, about three years prior to the incident and applicant has no motive at all to commit the murder of deceased. Learned counsel submitted that the statements of above stated witnesses, namely, Vijay Singh, Pappu and Dharmendra @ Tufani, have already been recorded before the trial Court and they have not supported the prosecution version and that except alleged 'last seen' evidence and extra judicial confession, there is no other evidence against the applicant. Lastly, it was submitted that the applicant is languishing in jail since 07.08.2017, 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.
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 Lalji @ Lalit Giri involved in S.T. No. 736 of 2017, Case Crime No. 0182 of 2017, under Section 302 IPC and Section 3/4 POCSO Act, P.S. Bahariya, District Prayagraj, 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 :- 7.10.2021 A. Tripathi