Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29349 of 2021 Applicant :- Ompal Thakur Opposite Party :- State Of U. P.
Counsel for Applicant :- Ishwar Chandra Tyagi Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Sri Ishwar Chandra Tyagi, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further argued that the applicant is not named in the FIR. No proper test identification parade was arranged in this matter. Nothing was recovered from the possession of the applicant. Name of the applicant surfaced in this matter on the basis of extra judicial confession said to have been made by the co-accused Rishi Pal before the informant. Referring to the confessional statement of the applicant recorded by hte Investigating Officer concerned it was further argued that this statement cannot be considered as a piece of evidence. Extra judicial confession is a very weak piece of evidence. There was no other evidence to connect the applicant with this matter. Co-accused Rishi Pal, who is said to have made extra judicial confession before the informant, has been allowed on bail by a coordinate Bench of this Court on 17.02.2020 vide Criminal Misc. Bail Application No. 7260 of 2020. Similarly co- accused Santram has also been enlarged on bail by the coordinate Bench of this Court vide order dated 12.02.2020 in Criminal Misc. Bail Application No. 6207 of 2020. Thus, referring to the aforesaid fact, it was further argued that all the criminal cases shown as criminal history have been duly explained in the bail application as well as rejoinder affidavit. There is no direct evidence to connect the applicant with this matter. He is in jail since 04.10.2019.
Learned A.G.A. opposed the prayer for bail and argued that although applicant is not named in the FIR but his name was disclosed in the extra judicial confessional statement made by the co-accused before the informant. Thus, a prima facie case is made out.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, complicity of the accused, scrutinizing the facts mentioned in the FIR, statement of witnesses recorded under Section 161 Cr.P.C. and without expressing any opinion on the 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 Ompal Thakur involved in Case Crime No. 369 of 2019, under Sections 394, 302 I.P.C., P.S. Jewar, District Gautam Budh Nagar be released on bail on furnishing a personal bond and two heavy 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 during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 him 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 conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 27.10.2021 Sachdeva Digitally signed by OM PRAKASH Date: 2021.10.27 13:35:47 IST Reason: Document Owner Location: High Court of Judicature at Allahabad