Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20720 of 2021 Applicant :- Rakesh Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Rajrshi Gupta,Dileep Kumar(Senior Adv.),Rizwan Ahamad Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard Sri Dileep Kumar, learned Senior Counsel assisted by Sri Rajarshi, learned counsel for the applicant, learned AGA for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 803/2020, under Sections 302, 120B, 34 IPC, police station Beeta-2, District Gautam Budh Nagar with the prayer to enlarge the applicant on bail.
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 applicant is not named in the FIR and the FIR has been lodged against unknown persons. It was further submitted that alleged eye witness Kamal Singh in his statement has inter-alia stated that one person, who was having his face covered with cloth, has fired at the deceased and ran away and that he could not see the face of that person. It has been further submitted in his supplementary statement, first informant has named the applicant but he has merely stated that applicant and co-accused persons were involved in criminal conspiracy and similar statements have been made by other alleged witnesses namely Sattar and Mohd.Umar Jafri. It has been submitted that there is no eye witness of the alleged incident and that except alleged statement regarding criminal conspiracy, there is no evidence against the applicant and that no recovery of any incriminating article has been effected from the applicant. It has further been submitted that similarly placed co-accused Mohd Sameem has already been granted bail by coordinate Bench of this Court vide order dated 12.04.2021 passed in Criminal Misc. Bail Application No. 15990 of 2021. It has further been argued that the applicant is in judicial custody since 24.12.2020, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail, however it could not be disputed that similarly placed co-accused Mohd. Sameem has already been granted bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Rakesh Singh involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 30.7.2021 Ujjawal