Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29233 of 2015 Applicant :- Sarvjeet Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- R.L. Verma,C.B. Verma,Rajeev Kumar Singh Parmar Counsel for Opposite Party :- Govt. Advocate
Hon'ble Rajul Bhargava,J.
Heard Sri Rajeev Singh Parmar, learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 1509 of 2014, u/s 302, 364, 201, 404 IPC, P.S. Kotwali, District Shahjahanpur with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in this case; he was not nominated in the F.I.R. though a missing report was lodged on 19.10.2014 and thereafter F.I.R. was lodged on 8.11.2014 in which co-accused Rinku has stated that the applicant was seen with the deceased; during investigation, some of the witnesses have stated that the applicant also sitting in the Car driven by co-accused Rinku; there was also extrajudicial confession of the applicant before the police after his arrest; learned counsel has candidly stated that bail application of Rinku, who was named in the F.I.R. and on his pointing out bones of the deceased, clothes and other items were recovered, has been rejected by another Bench of this Court in Bail application no. 17726 of 2015 vide order dated 22.5.2015; bail rejection order of co-accused is taken on record, however, he submits that case of the applicant stands entirely on different footings and he is in jail since 24.11.2014; he further submitted that nothing incriminating has been recovered from his possession as stated in para-12 of the affidavit.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Sarvjeet Singh involved in the aforesaid case crime number 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 will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.1.2019 Dhirendra/