Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33075 of 2021 Applicant :- Ram Singh Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 806/2016, under Sections 302, 34, 120B IPC, police station Kosikalan, District Mathura with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused- applicant is innocent and he has been falsely implicated in this case. It was submitted that the F.I.R. was lodged against co-accused Govinda, Gopala, Shakuntala, Suresh and one unknown person and that applicant is not named in the F.I.R., whereas the first informant has claimed himself as eye witness of incident. It was further submitted that after four days of incident, statement of one Subhash Chandra @ Bodha Halwai and Bhajani were recorded and they have merely stated that on 16.02.2016 while they were going to Mandi, they have seen that applicant Ram Singh was going towards the spot of incident and after sometime applicant was seen running from the side of spot of incident. It was submitted that statements of these witnesses are not reliable and they were introduced just to implicate the applicant in this case. Even according to said witnesses, they are not eye witnesses of alleged incident and merely it has been stated by them that they have seen the applicant while he was going towards the spot of incident and coming from the side of spot of incident. It was submitted that except the statements of above-stated two witnesses, there is no other evidence against the applicant and that no recovery of any incriminating article was made from the possession or at the instance of applicant. Learned counsel has submitted that co-accused Smt. Shakuntla, who was named in the FIR, has already been enlarged on bail by coordinate Bench of this Court, copy of which has been produced and the same is taken on record. It has further been argued that the applicant is in judicial custody since 19.12.2016, 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.
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 Ram 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 :- 24.9.2021 Anand