Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29976 of 2021 Applicant :- Raj Kumar Singh And Others Opposite Party :- State Of U.P Counsel for Applicant :- P.K. Singh
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicants, who are involved in Case Crime No.74 of 2021, under Section 306 I.P.C., P.S. Kapsethi, District-Varanasi, is seeking enlargement on bail during the trial.
F.I.R. of the incident was lodged by the complainant against elevan accused persons. It was alleged that on 24.05.2021 a Panchayat was convened to settle the land dispute between the complainant side and the accused side. At the time of Panchayat the named accused persons started beating the deceased Chandrakant Singh by dandas. Due to humiliation the deceased committed suicide. F.I.R. was lodged against 11 persons for abeting the deceased to commit suicide.
Learned counsel for the applicant submitted that the applicants are quite innocent and have been falsely implicated in the present case. The decesed died due to hanging. In the post mortem report of the deceased no injury mark was found on the person of the deceased which creates doubt on the prosecution story. Kishon Singh (minor) was also nominated in this matter. Eleven persons are alleged to have instigated or abeting the crime but there is no evidence of any instigation, what is instigation or what is abetment was made to the deceased.
General allegation of beating have been made against all the accused persons.
He lastly submitted that the applicants, who are in jail since 12.06.2021 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicants Raj Kumar Singh, Anil Singh and Vipul Singh be released on bail in the aforesaid case on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicants will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. They will not tamper with the witnesses.
3. They will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 16.8.2021 Asha Digitally signed by Justice Ajit Singh Date: 2021.08.19 13:10:52 IST Reason: Document Owner Location: High Court of Judicature at Allahabad