Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34268 of 2015 Applicant :- Nar Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- Govt. Advocate,Rajeev Kumar Singh
Hon'ble Rajul Bhargava,J.
Case is called out in the revised list, yet no one has appeared on behalf of the first informant to press the instant bail application.
Heard Sri Ajay Kumar Srivastava, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Nar Singh in Case Crime No. 39 of 2015, under Sections 302, 201 I.P.C., Police Station- Amritpur, District- Farriljanad with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case on the basis of suspicion and village politics. The case rests on circumstantial evidence. According to F.I.R. and the evidence collected during investigation, the only evidence appearing against the applicant is of last seen which too is quite vague in itself. Lastly, it is contended that nothing incriminating has been recovered from the possession of the applicant and co-accused Ajit who was also seen along with the dead body of the deceased has been enlarged on bail by a coordinate Bench of this Court vide an order dated 14.6.2016 in Criminal Misc. Bail Application No.19549 of 2016. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 25.3.2015, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not dispute that only evidence appearing against the applicant is of last seen and similarly placed co-accused Ajit has already been enlarged on bail.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Nar Singh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 22.1.2019 Vikas