Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19513 of 2021 Applicant :- Mulku Singh @ Munku Opposite Party :- State of U.P.
Counsel for Applicant :- Vinod Kumar Srivastava,Arjit Srivastava,Usha Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Mulku Singh @ Munku, in Case Crime No. 752 of 2020, under Sections- 147, 148, 149, 427, 307, 302, 34 & 120-B I.P.C., P.S. Kotwali Mainpuri, District- Mainpuri.
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 1.12.2020; he is of no criminal antecedent till present occurrence, subsequently, he has been implicated in two other cases, wherein, he is on bail and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; he is neither named in FIR nor in statement recorded under Section 161 of Cr.P.C.; for 22 days, deceased was surviving but neither his statement was there nor any identification of accused was made; report was against unknown persons; co-accused persons, namely, Bhola @ Vinay, in Criminal Misc. Bail Application No. 24325 of 2021 and Sangam Singh Rathore in Criminal Misc. Bail Application No. 19583 of 2021 and Vijay Pratap Singh Somvansh in Criminal Misc. Bail Application No. 19898 of 2021, under similar circumstances, have been enlarged on bail by coordinate Benches of this Court. 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 and co- accused have been enlarged on bail, as above.
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, Mulku Singh @ Munku, 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 :- 16.8.2021 Kamarjahan