Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41178 of 2017 Applicant :- Pushpendra Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Manish Tiwary,Jitendra Prasad Mishra,Sanjay Kumar Srivastava Counsel for Opposite Party :- G.A.,I K Chaturvedi
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged on 21.2.2016(after six days of incident) against five persons namely, Pushpendra Singh, Deshraj Singh, Rajjan Singh, Bablu Singh and Babbu Singh alleging that on 15.2.2016 at 9 P.M. they came to Raja Singh and pressurized not to give plot to Manoj; when he denied to accept their proposal, Pushpendra started strangulating him while Deshraj & Rajjan Singh caught hold his hands and Bablu Singh & Babbu Singh caught hold his legs. Thereafter all accused assaulted him. Deceased received eleven ante mortem injuries including ligature marks. During investigation, it was found that there was no evidence against named accused and they were exonerated. It was found that Manoj Singh, Ram Kishun and Lala Chamar had killed the deceased.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 18.8.2017(more than one and half year). Criminal history of three cases have been explained, out of which in one case under Section 302 IPC he has been acquitted. He has been falsely implicated. This applicant has been exonerated earlier. All other co-accused Babloo Singh, Rajjan Singh, Babbu Singh, Ravi karan @ Lala Chamar, Ram Kishun and Manoj Singh @ Bauwa have already been granted bail by the High Court and the lower Court (Bail orders are annexed as annexure 16 to the bail application). There is no possibility to get this case decided in near future. In case applicant 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. and learned counsel for the complainant opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Learned AGA admitted that the criminal history of the applicant have been explained.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence 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 applicant Pushpendra Singh involved in Case Crime No.19 of 2016, under Section 302 IPC, Police Station Baberu, District Banda be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to 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 court below shall be at liberty to cancel the bail.
Order Date :- 26.2.2019 P.P.