Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21829 of 2021 Applicant :- Ramesh Saini Opposite Party :- State of U.P. Counsel for Applicant :- Mohit Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Shri Mohit Singh, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by the 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. It is further submitted that incident is said to have been taken place on 19.03.2021 whereas F.I.R. was lodged on the same day but informant was not an eye account witness. Referring to the contents of the F.I.R., it is further submitted that place of incident in it is shown as outside of the house of the deceased whereas referring to the contents of the statement of the victim recorded under Section 161 Cr.P.C., it is further submitted that informant has changed the place of incident showing it inside the house. Referring to the post-mortem report, it is further submitted that time of incident disclosed in the F.I.R. do not match with the time shown in the post-mortem report. It is further argued that incident took place in other manner at different time. Present F.I.R. was lodged after receiving the dead body on the basis of false facts. None has seen the present incident. Motive assigned to the applicant is also false. Offence under Section 304 IPC is not made out against the applicant. The applicant has no criminal history. He is languishing in jail since 21.03.2021 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 AGA opposed the prayer for bail and argued that there is recovery of the brick piece on pointing out of the applicant. Medical evidence fully supports the oral version. There is eye account witness. A prima facie case is made out against the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses recorded under Section 161 Cr.P.C. 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 Ramesh Saini involved in Case Crime No.
112 of 2021, under Sections 304, 452 IPC, P.S. Nakhasa, District - Sambhal 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 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 :- 24.9.2021 Sanjeet Digitally signed by OM PRAKASH Date: 2021.09.24 16:40:19 IST Reason: Document Owner Location: High Court of Judicature at Allahabad