Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56117 of 2019 Applicant :- Mahipal Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Bhuvnesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the FIR has been lodged with the delay of 15 days and there is no satisfactory explanation of the delay in lodging the FIR. As per FIR on 21.9.2019 in the morning the deceased had gone in the village, thereafter, he did not return. His dead body was found on 22.9.2019 in canal. As per postmortem report one injury has been found on the head of the deceased and the cause of death has been shown coma due to ante mortem head injury. There is no eye witness of the alleged occurrence. In FIR it has been mentioned that there was enmity in between applicant and deceased with regard to agricultural land and applicant had threatened the deceased to commit his murder. Kamendra and Brahmpal are said to be witnesses of last seen. In their statements it has come that they had seen the applicant and deceased on 21.9.2019 at about 6:00 P.M. Except the evidence of last seen there is no other cogent evidence against the applicant. The applicant has falsely been implicated in the present case only on the basis of suspicion. This is a case of circumstantial evidence and the chain of circumstance is not complete. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. The applicant has not committed the alleged offence. The applicant has no criminal history and is in jail since 6.10.2019.
Per contra; learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Mahipal Singh involved in Case Crime No. 961 of 2019, under section 304 IPC, P.S. Kotwali City, District Bijnor be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant will not tamper with the evidence.
2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 17.12.2019 Masarrat