Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33913 of 2021 Applicant :- Mohar Singh Kushwaha Opposite Party :- State of U.P.
Counsel for Applicant :- Ran Jeet Singh,Chandra Jeet 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 not named in the first information report and that he has been falsely implicated during investigation. The alleged recovery of ornaments i.e. two bangles of yellow metal and two 'payal' of white metal, shown from applicant, is false and baseless and that there is no independent witness of alleged recovery. Similarly, the recovery of alleged country made pistol shown from the applicant, is false and baseless and in fact no recovery has been effected from the applicant. It has been submitted that criminal history of four cases has been shown against the applicant but the same has duly been explained. It was been submitted that there is no eye-witness of alleged incident and that no test identification parade of alleged recovered items has been conducted. The applicant has been implicated in this case merely on the basis of his disclosure/confessional statement and of co-accused persons, which have been made before the police but the same do not have any evidentiary value. It was pointed out that in post-mortem report of deceased, no injury was shown on the body of deceased and that cause of death could not be ascertained and viscera was preserved and as per F.S.L report, which has been filed by the learned A.G.A. along with counter affidavit, no chemical poison has been found in the viscera of deceased. Learned counsel has submitted that in view of these facts, it could not be established that deceased has suffered homicidal death. Further, similarly placed co-accused Rajdeep, Vishal @ Boby Raikwar and Hemant Rajput have already been granted bail by co-ordinate Bench of this Court vide order dated 31.08.2021, 09.09.2021 and 03.08.2021, passed in Criminal Misc. Bail Application No. 14751 of 2021, 32850 of 2021 and 18446 of 2021. Lastly, it was submitted that the applicant is languishing in jail since 25.12.2020, 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 Mohar Singh Kushwaha involved in Case Crime No. 315 of 2020, under Sections 460, 394, 398 and 411 of IPC, P.S. Badagaon, District Jhansi, 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 :- 23.9.2021/A. Tripathi