Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31989 of 2019 Applicant :- Pratap Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Upendra Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble B. Amit Sthalekar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
This instant bail application has been filed on behalf of the applicant Pratap Singh with a prayer to release him on bail in Case Crime no. 94 of 2019 under sections 147, 148, 323, 304 IPC and Section 7 of Criminal Law Amendment Act, Police Station Jalesar, District Etah during pendency of the trial.
As per the allegation of the FIR, the deceased Ravinder Singh was murdered by Sri Krishna and other unknown persons on the apprehension that he was stealing a buffalo in the night of 16/17.03.2019.
The submission of the learned counsel for the applicant is that the applicant was not named in the FIR and the complicity of the applicant has come forward in the statement of one Om Prakash who is father of the deceased and the applicant has been falsely implicated in this case alongwith his brother Sri Krishna who is named in the FIR. It is further submitted that the video-clip of the incident was seen by the IO in which one person Raj Kumar was seen beating the deceased but the applicant was not seen in the said video clip. Lastly, it is submitted that the applicant is languishing in jail since 19.3.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail of the applicant and submitted that the complicity of the applicant in the crime cannot be ruled out at this stage. However, he could not dispute the arguments as advanced by the learned counsel for the applicants.
Having considered the rival submissions of the learned counsel for the parties, facts and circumstances of the case, without expressing any opinion on the merits of the case, prima facie, in my opinion, a case for grant of bail is made out.
Let the applicant Pratap Singh involved in Case Crime no. 94 of 2019 under sections 147, 148, 323, 304 IPC and Section 7 of Criminal Law Amendment Act, Police Station Jalesar, District Etah 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 with the following conditions:-
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 28.11.2019 Kirti