Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7343 of 2018 Applicant :- Prempal Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Anurag Dubey Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 292 of 2017 under Sections 302, 201 I.P.C., Police Station Bichhvan, District Mainpuri, during the pendency of trial.
As per FIR, the prosecution's case is that the dead body of the deceased was found lying on road side on 8.8.2017 regarding which Chaukidar Kanhaiya Lal gave information to police. Subsequently the father of the deceased had made an FIR that her daughter had vanished from house on 31.7.2017 all of a sudden and he came to know through news paper dated 9.8.2017 that her daughter had been murdered. He had doubt that the accused-applicant named in the said FIR might have killed her because of enmity as they were exerting pressure upon her to compromise in a case. During investigation, the police has recorded incriminating evidence against the present accused, of witness Sukhbir, who has simply stated that he had seen the deceased being taken away by the present accused- applicant.
Learned counsel for the applicant contends that there is no motive for the accused-applicant to commit this murder. Nothing has been recovered at the instance of the present accused-applicant. There is no evidence linking commission of the this offence to the present accused. Applicant has no previous criminal history. The applicant is languishing in jail since 14.10.2017. If he is released on bail, he would not misuse the liberty.
Learned AGA has opposed the prayer of bail, and has stated that there is circumstantial evidence of Sukhbir having seen the deceased in company of the present accused before his death.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
Looking to the fact that there is no concrete evidence against the accused-applicant, taking into consideration the quantum of punishment, nature of offence and period of detention, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Prempal Singh involved in aforesaid crime be released on bail on his furnishing a personal bond of Rs.1,00,000/- and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that:-
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.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.2.2018 A.P. Pandey