Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49525 of 2018 Applicant :- Rajhans Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Rajhans Singh has prayed to release him on bail in Case Crime No. 348 of 2018, u/s 354B, 452, 323, 504 I.P.C., P.S. Khaga, District Fatehpur.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number in response to a case lodged by the applicant against husband and father-in-law of the informant prior to registration of this case crime number. It was a false accusation against him. The applicant is of no criminal antecedent. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application..
F.I.R. reveals that it was got lodged u/s 354, 452, 323, 504 I.P.C. upon the report of Renu Singh. The occurrence was said to be of 17.11.2018 at 7.00 P.M. whereas the F.I.R. was lodged on 18.11.2008 at 4.08 P.M. The accused-applicant is of no criminal antecedent. There has been previous registration of case by the applicant against the husband and father-in-law of the informant. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Rajhans 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 :- 26.4.2019 Pcl