Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55839 of 2019 Applicant :- Sarnam Singh @ Rajjan And 3 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Manvendra Singh, learned counsel for the applicant 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 - Sarnam Singh @ Rajjan, Ankit Singh, Sarvesh Singh and Dhananjay Singh with a prayer to release them on bail in Case Crime No. - 261 of 2019, under Sections - 324, 504, 506, 379, 427 and 308 I.P.C., Police Station - Lalauli, District - Fatehpur, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicants are accused of culpable homicide and other offences, punishable with imprisonment upto 7 years;
(ii) against FIR lodged on 24.10.2019, the applicant nos.1 and 2 are in confinement since 04.11.2019 and applicant nos.3 and 4 are in confinement since 05.11.2019;
(iii) the applicants claim to have cooperated in the investigation. In any case they are not shown to have unduly evaded arrest;
(iv) the applicants have no criminal history;
(v) though investigation is pending against the applicants yet, at present, no justifiable cause has been shown to continue the detention of the applicants for an indefinite period;
(vi) on prima facie basis, for purpose of grant of bail, it has been submitted that there is one fracture injury to the skull. However, no specific role has been assigned to the applicants of that injury. Other injuries are stated to be on non-vital body part;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State that the applicants, if enlarged on bail would either tamper with the evidence or delay the trial or intimidate the witnesses.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicants 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 applicants shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicants shall cooperate in the investigation/trial sincerely without seeking any adjournment.
(iii) The applicants 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 applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 16.12.2019 Saif