Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6545 of 2019 Applicant :- Rajveer Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Krishna Dutt Awasthi,Prashant Kumar Singh Counsel for Opposite Party :- G.A.,Subhash Chandra Tiwari
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned counsel for the complainant the as well as Sri Mayank Mishra, learned Brief Holder for the State and perused the record. They admitted that no bail application of any co-accused is pending before this Court.
According to prosecution case, FIR was lodged against four unknown persons alleging that Anil Kumar(brother of complainant) was missing from 15.4.2017. Later on, dead body was recovered on 17.4.2017. Names of Pankaj and Rajveer Singh were surfaced. Investigation was done and it was found that deceased died in an accident and case was converted under section 304-B and 279 IPC. Later on, investigation was transferred and charge sheet was submitted against Pankaj and Rajveer under section 302, 201 IPC.
It is submitted by learned counsel for the applicant that the applicant was not named in the FIR and due to suspicion, his name was disclosed by the complainant in his third application after a long time. Charge sheet was filed only against Pankaj and Rajveer. Co-accused Pankaj has been granted bail by the trial Court. According to expert's report dated 24.4.2017(page 52 of bail application), deceased died in a accident but by another expert's report dated 2.8.2018(annexure 1 to the counter affidavit) deceased was killed at any place and his dead body was brought to the place of occurrence. It creates doubt whether deceased was killed or died in an accident, though there is no legal or cogent evidence against the applicant about murder of deceased. Only two injuries(both on head) were found on the body of deceased. The applicant is Government servant and is languishing in jail since 21.9.2018 (eleven months) having no criminal history. Nothing has been recovered from the possession of applicant or at his pointing out. There is no independent witness or eye-witness account. It is a case of circumstantial evidence and no chain has been established. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned Brief Holder opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history.
Sri P.K. Singh, learned counsel for the complainant submitted that due to enmity, applicant killed the deceased with the help of Pankaj. Pankaj stated in his confessional statement that applicant is a police personnel and applicant has killed the deceased by assaulting with stick and deceased did not die in an accident.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the 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 applicant Rajveer Singh involved in Case Crime No.172 of 2017, under Section 302, 201 IPC, Police Station Shivali, District Kanpur Dehat 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 :- 21.8.2019 P.P.