Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8386 of 2021 Applicant :- Rampal Opposite Party :- State of U.P.
Counsel for Applicant :- Shivangi Singh,Gaurav Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant, Rampal, has prayed to release him on bail in Case Crime No. 148 of 2020, under Section-302 I.P.C., Police Station-Kemari, District-Rampur.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 01.12.2020. He is of no criminal antecedent. It was a case of circumstantial evidence, of which no eye witness account is there, except a planted witness Sukkhan, who happens to be tenant of the informant and that too a case of last seen evidence is there but, the present applicant, Rampal, was not lastly seen in company of the deceased. Rather, he was present at 6:00 p.m. on the date of occurrence when Sukkhan was said to come back and found Rampal there at. He inquired about deceased then, Rampal answers that other two accused had taken the deceased with them. The report was four months delayed and that too was lodged by way of application moved under Section 156 (3) of Cr.P.C. The deceased was buried by the informant as a case of death owing to drowning in above river. The witnesses, including village Ward man, has said, they have buried the deceased because of a case of drowning in the river but, after four months, this report was got lodged. Then after, in the autopsy examination, the death of the deceased, was held to be owing to asphyxia because of ante mortem strangulation. Then after, implication was there. The witness, who has been planted for last seen, is a tenant of informant and is a planted witness. There was no motive for this murder and there is no eye witness account for commission of this murder. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case he is released on bail. Hence bail has been prayed for.
Learned AGA has vehemently opposed bail with this contention Digitally signed by JUSTIC RAM KRISHNA GAUTAM Date: 2021.05.06 13:30:16 IST Reason: Document Owner Location: High Court of Judicature at Allahabad that it was applicant with whom quarrel was entered and then after deceased was missing. The statement of Sukkhan is of this fact of quarrel occurred in between. But, could not oppose this fact that applicant is of no criminal antecedent.
Having heard learned counsel for both the parties and gone through the material placed on record it is apparent, that the deceased was buried in presence of witnesses examined under Section 161 Cr.P.C. including a Ward Parshad, as a case of death owing to drowning in the river. Report was subsequently lodged after four months, applicant is of no criminal antecedent, and considering the nature of accusations, severity of the punishment in the case of conviction but without expressing any opinion on the merits of the case, this Court is of the view that the applicant may be enlarged on bail with certain conditions.
Let the applicant, Rampal, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. 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.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 6.5.2021 Deepak/