Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10415 of 2020 Applicant :- Ram Singh @ Lal Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Ruchita Jain,Nanhe Lal Tripathi,Nitendra Kumar,Satyam Narayan Counsel for Opposite Party :- G.A.,Rakesh Kumar Pandey
Hon'ble Om Prakash-VII,J.
Counter affidavit filed today on behalf of State is taken on record.
Heard learned counsel for the applicant, learned counsel for informant as well as the learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. The applicant has no criminal history. Initially an information was given at Police Station concerned on 4.11.2019 but noting was disclosed in it about the involvement of the present applicant for committing the present offence. On 29.11.2019 F.I.R. was lodged by the same person against the applicant and wife of deceased. It is further submitted that if informant was aware of illicit relations of the applicant with the co-accused, this fact must have come in the information / report given at the police station concerned at initial stage itself. There is no direct evidence against the applicant. Entire prosecution case is based on suspicion. None has witnessed the said incident. Referring to inquest report, it is also submitted that dead body of the deceased was found at the roof whereas cause of death is asphyxia due to anti mortem hanging. Referring to aforesaid facts, it is further submitted that prosecution case itself is contrary to medical evidence. Statement of co- accused cannot be read in evidence. Nothing has been recovered from the possession of the applicant to connect him with the present matter. He is languishing in jail since 3.12.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned counsel for informant as well as the learned AGA opposing the prayer for bail submitted that though nothing was disclosed in the report lodged on 4.11.2019 about involvement of the present applicant yet in the F.I.R. clear role has been assigned to the applicant. Applicant had illicit relations with the wife of deceased and due to that reason deceased was done to death by the applicant conspiring with co accused.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused 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 the applicant Ram Singh @ Lal Singh involved in Case Crime No. 187 of 2019, under Section 306 IPC, P.S. Jakhaura, District -Lalitpur be released on bail on furnishing a personal bond and two heavy 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 prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 5.4.2021 safi