Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20768 of 2018 Applicant :- Rajak Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajeev Sawhney Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against five accused persons, namely Natthu Singh, Gurdayal Singh, Subhash Kaur, Rajak Singh and Paramjeet Kaur @ Rinki alleging that on 30.9.2016 they assaulted Harpal Singh, he received five injuries, one on head, resultantly died. Specific role of causing injuries was assigned to co- accused Natthu.
It is submitted by learned counsel for the applicant that co- accused namely Natthu Singh, Subhash Kaur and Paramjit Kaur @ Rinki have already been granted bail by co-ordinate Bench of this Court vide order dated 24.3.2017 and 9.2.2017 in Criminal Misc. Bail Application No. 10224 of 2017 and 4539 of 2017, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. There is general allegation against the applicant. Offences levelled against the applicant are not attracted in the present case. There is no independent witness and eye witness account against the applicant. He is languishing in jail since 20.1.2018 (more than four month) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history and the case of present applicant is identical to co- accused Natthu Singh, Subhash Kaur and Paramjit Kaur @ Rinki who has been enlarged on bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Rajak Singh involved in Case Crime No. 447 of 2016, under Sections 147, 323, 302 IPC, Police Station Haldaur, District Bijnor 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 :- 31.5.2018 A. Singh