Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40621 of 2021 Applicant :- Rajendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Brij Raj Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Rajendra Singh, in Case Crime No. 240 of 2021, under Sections- 147, 149, 323, 336, 307, 302, 504, 506 I.P.C., P.S. Bewar, District-
Mainpuri.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 28.5.2021; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; it was a cross case version; for the same occurrence a Case Crime No. 266 of 2021, was got registered by Anjali against Saurabh and 4 others, at Police Station Bewar, for offences punishable under Sections 147, 148, 149, 323, 504, 506, 352, 452, 308 I.P.C.; Pradeep was injured and was referred to Saifai for his head injury; it was unfortunate that Rakesh died, for which case crime number was got registered but in autopsy examination report, he was having one stitch wound of 3cm at right side of occipital region of head and a contusion of 08cm X 4cm at right side of tempo-occipital region of the head with underline bone fracture, this was the cause of death; who was the author of this fatal injury is not there; first information report was got lodged against five persons, with general allegations of assault made by them; no specific mention was there as to who gave that fatal blow, resulting death of Rakesh; which side was aggressor, is a question of fact to be seen by trial Court. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not oppose this fact that the applicant is of no criminal antecedent and it was a cross case version; both sides have sustained injuries.
Having heard learned counsels for both sides and gone through materials placed on record as well as considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Rajendra Singh, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 17.12.2021 Kamarjahan