Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21069 of 2018 Applicant :- Rajveer Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar Singh,Atul Kumar Kushwaha,Rama Shankar Mishra,Ray Sahab Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged on 2.3.2018 at 1:18 hour (after three days from the date of incident) against two known persons namely, Jasveer and Vishambhar and one unknown alleging that Kripal was killed by Jasveer with the help of Vishambhar (brother-in-law of Jasveer) and one unknown. During investigation, it was found that there was illicit relationship between deceased and Munni Devi, wife of Jasveer. Some clothes(without bloodstained) of deceased were recovered from joint possession of Jasveer and Rajveer. One alleged eye witness Tejpal Singh in his statement stated that on 27.2.2018 he had seen Jasveer, Rajveer and Vishambhar assaulting Kripal.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 4.3.2018(about one year) having no criminal history. He has been falsely implicated. He was not named in the FIR and he had no enmity with the deceased. His name was disclosed in the confessional statement of Satyaveer before the police personnels. There is neither any legal evidence nor any eye-witness account. There is no possibility to get this case decided in near future. 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 A.G.A. 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..
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 case of applicant is distinguishable from other accused persons and he has made out a case for bail. The bail application is allowed.
Let applicant Rajveer Singh involved in Case Crime No.95 of 2018, under Section 302, 201, 34 IPC, Police Station Bhojpur, District Moradabad 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 :- 27.2.2019 P.P.