Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27571 of 2021 Applicant :- Mahendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Vipin Kumar
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Mahendra Singh, in Case Crime No. 935 of 2020, under Sections- 364, 406, 411 I.P.C., P.S. Kasganj, District- Kasganj.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 17.1.2021; he is of no criminal antecedent, till implication in police firing no injury case, subsequently this false case was implicated against him, whereas, no recovery is there from his pointing; a missing report was got lodged on 23.11.2020 at Police Station Kasganj by Lalaram, with specific contention that his elder brother- deceased, who was an e-rickshaw driver, was missing with his e-rickshaw and self, and subsequently on 25.11.2021, offence punishable under Section 364 I.P.C. was got registered against unknown, with the same contention of missing of deceased; applicant was said to be apprehended in police encounter and a mobile phone has been said to be recovered from co-accused Babloo, for which he confessed to be of deceased and it was said that upon the pointing of the accused persons; the parts of the e-rickshaw were recovered whereas no such confession was there nor there was any recovery nor any independent public witness of above recovery is there; a dead body was recovered and was identified to be of deceased but it was said to be a case of roadside accident, having no suspicion of any murder; subsequently, in autopsy examination report, it was held to be with antemortem injuries including incised wound and it was a case of murder but neither Section 302 IPC was mentioned nor bail was rejected for above section nor accusation of Section 302 I.P.C. was there; investigation still not concluded to be a case of murder; it is a false implication and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not oppose this fact that the applicant is of no criminal antecedent.
Having heard learned counsels for both sides and gone through materials placed on record as well as considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Mahendra Singh, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 29.10.2021 Kamarjahan Digitally signed by RAM KRISHNA GAUTAM Date: 2021.10.29 17:20:24 IST Reason: Document Owner Location: High Court of Judicature at Allahabad