Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13314 of 2019 Applicant :- Raj Pal Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Akash Tyagi,Amit Kumar,Krishna Kumar Patel Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Raj Pal Singh in Case Crime No. 528 of 2018, under Sections 147, 148, 149, 302, 307, 120-B, 506 I.P.C., Police Station- Seohara, District- Bijnor with the prayer to enlarge him on bail.
Submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case for hatching conspiracy along with co-accused. The main co- accused Bittu @ Chandravir, Guddi @ Sudheshna, Monika, Jaivir Singh and Rahul have already been enlarged on bail by coordinate Bench of this Court vide orders dated 18.02.2019, 25.02.2019, 28.02.2019, 04.04.2019 & 3.7.2019 passed in Criminal Misc. Bail Application Nos. 6499/2019, 7926/2019, 8747/2019, 13961/2019 & 15108/2019, respectively. Since, the allegation against the applicant is only hatching of conspiracy, his case stands much better footing with that of other co- accused who have already been enlarged on bail. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 2.11.2018, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Raj Pal Singh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 31.7.2019 Vikas