Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32728 of 2021 Applicant :- Sanjay Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Alok Ranjan Mishra,Gopal Swarup Chaturvedi (Senior Adv.) Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard Sri G.S. Chaturvedi, learned Senior Advocate assisted by Sri Alok Ranjan Mishra, learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 22/2020, under Sections 363, 364, 302, 201 IPC, police station Raunapaar, District Azamgarh with the prayer to enlarge the applicant on bail.
It has been argued by learned senior counsel for the applicant that the accused-applicant is innocent and he has been falsely implicated in this case merely on the basis of suspicion. It was submitted that alleged incident has been shown of 06.02.2020, but FIR has been lodged on 08.02.2020 against unknown persons and that applicant is not named in the FIR. It was further submitted that as per prosecution version, dead body of deceased was recovered after five weeks of lodging of FIR. It was submitted that there is no evidence that deceased was even last seen with the applicant and that there is no eye witness of alleged incident and that no recovery of any weapon or incriminating article has been shown from applicant. Learned senior counsel has referred statements of several witnesses and it was pointed out that some of the witnesses, who were students of the school, where applicant was working as Manager, have merely alleged that deceased used to talk with daughter of applicant but it is all hearsay evidence. Learned senior counsel has referred statement of independent witness Shahid, who has stated that on 06.02.2020 he has seen that applicant was standing along with his motorcycle and he was having his face covered but such evidence is thoroughly false and improbable and even otherwise it does not indicates involvement of applicant in the incident. Referring to entire evidence, it was submitted that the only evidence against applicant is that, earlier deceased was a student in the school, where applicant was working as Manager, and that deceased used to talk with his daughter and that sometime before, applicant has given beatings to him due to that reason. It was stated that alleged evidence to that effect is highly improbable and at the most it would give rise to only suspicion. It was further submitted that there is no such call details record to show that deceased used to talk with the daughter of applicant on telephone. It was submitted that there is no credible evidence regarding implication of applicant in the incident in question. Regarding criminal history, it was submitted that criminal history of five cases have been shown against the applicant, but that has been duly explained in the affidavit accompanying the bail application. No specific role has been assigned to the applicant and that co-accused Ranjeet Singh, Bina Singh and Anju Singh have already been enlarged on bail by coordinate Bench of this Court, copies of which have been annexed with the bail application. It has further been argued that the applicant is in judicial custody since 09.06.2020 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 and argued that there is evidence that deceased used to talk with daughter of applicant and that deceased was done to death due to that reason. However, it could not be disputed that neither there is any eye witness nor last seen evidence and no recovery has been shown from applicant.
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 Sanjay 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 :- 17.9.2021 Anand