Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4235 of 2018 Applicant :- Narendra Singh @ Munna Opposite Party :- State of U.P.
Counsel for Applicant :- Babu Lal Ram Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.22 of 2017, under Sections 396, 412, 302, 201, 328, 364, 120-B I.P.C., P.S. Devrahat, District Kanpur Dehat, during pendency of the trial.
It is argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case; the applicant has criminal history which has been explained in paragraph 4-5 of the supplementary affidavit. It is further argued that co-accused, namely, Charan Singh, Rohit Pranami, Dashrath Katheria and Santosh Kumar @ Babloo Pradhan have been granted bail by Co-ordinate Bench of this Court vide orders dated 28.7.2017, 6.9.2017, 13.10.2017 and 12.10.2017 passed in Crl. Misc. Bail Application No.26933 of 2017, 30546 of 2017, 36711 of 2017 and 37623 of 2017, respectively, copy of the said orders have been annexed to the bail application. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 09.03.2017 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Narendra Singh @ Munna, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 21.12.2021 Meenu