Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44155 of 2021 Applicant :- Rajendra Pratap Singh @ Lal Sahab Opposite Party :- State of U.P.
Counsel for Applicant :- Syed Imran Ibrahim, Akhilesh Kumar Mishra,Sr. Advocate Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard Sri Manish Tiwari, learned Senior Counsel assisted by Sri A.K. Mishra, learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned senior counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It was submitted that the case pertains to the year 1988 and that FIR was lodged against unknown persons and after that one tehrir was submitted by Rajendra Pratap Singh alias Lal Sahab (applicant) inter alia alleging that murder of deceased has been committed by co-accused Ramesh Singh by firing bullet at him. Learned senior counsel has referred statement of several witnesses and submitted that only presence of applicant was shown at the spot and no specific role was attributed to the applicant and that role of firing at deceased was attributed to co-accused Ramesh. It was further submitted that after submission of charge-sheet of this case, co-accused has approached this Court by filing a criminal misc. writ petition no. nil of 1990, and after that a discharge application was also moved by co-accused Radheyshyam Pandey before the court below, which was rejected by the court below vide order dated 13.11.1991 and that order was also challenged before this Court in criminal revision no. 289/1992, wherein the effect and operation of the order dated 13.11.1991 was stayed and by that order the proceedings against the accused persons were halted. Applicant has filed an application for discharge, which was rejected by the court below and that order was challenged in this Court and after that in pursuance to the order of this Court, the application of applicant has not been decided by the court below so far. It has further been submitted that in view of order passed by Hon'ble Apex Court in the case of Asian Resurfacing of Road Agency Pvt. Ltd. and Anr. vs. Central Bureau of Investigation reported in AIR 2018 SC 2039, court below has issued summon against applicant vide order dated 05.10.2018 and after that applicant has surrendered before the court below. It was submitted that applicant is suffering from several ailments. It has been further submitted that similarly placed co-accused Rajawant Pandey and Radheyshyam Pandey have already been enlarged on bail by this Court, vide order dated 15.9.2021, passed in Criminal Misc. Bail Application No.-31686 of 2021. It has been submitted that the applicant is languishing in jail since 23.09.2021 having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail, however, it has not been disputed that similarly placed co-accused Rajawant Pandey and Radheyshyam Pandey have already been granted bail by this Court.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 the applicant Rajendra Pratap Singh @ Lal Sahab involved in case crime No. 35/1988, under Sections 147, 148, 149, 302, 201, 120-B IPC, police station Dhanghata, District Sant Kabir Nagar, be released on bail on furnishing each 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 shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 28.10.2021 Neeraj