Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43935 of 2019 Applicant :- Ran Pal Singh And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Pratibha Singh,Ashok Kumar Singh,Rajesh Kumar Counsel for Opposite Party :- G.A.,Rajesh Kumar
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Ashok Kumar Singh, learned counsel for the applicants; Sri Rajesh Kumar, learned counsel for the informant as well as Sri C.P. Singh, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicants - Ran Pal Singh and Kishan Pal Singh with a prayer to release them on bail in Case Crime No. - 163 of 2018 , under Section - 364 I.P.C., Police Station - Malawam, District - Etah, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of abduction in order to murder, punishable with imprisonment of 10 years;
(ii) against FIR lodged on 15.08.2018, the applicant is in confinement since 24.06.2019;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) the applicant has no criminal history;
(v) chargesheet has already been submitted yet trial has not commenced. Therefore, there is no hope of early conclusion of the trial;
(vi) on prima facie basis only, it may be noted, it was the applicant who had earlier lodged an N.C.R. upon the disappearance of the victim. Three months thereafter, the present F.I.R. has to be lodged by the informant. It has been submitted, though the applicants and informant are real brothers there are certain civil disputes between them;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State and or the informant that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.11.2019 Saif