Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4359 of 2019 Applicant :- Saudan Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- M.P.S. Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri S.K. Tripathi, brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against three accused persons, namely Rajpal, Ramfal and Jaipal alleging that on 16.10.2018, Karan Singh and Chandrapal @ Karua died due to electric shock, the electric wire was spread in the field of Saudan Singh to save his crops. Later on, after one day of incident the name of the Mangal Singh was disclosed by complainant and stated that the said wire was connected by tube-well of Mangal Singh.
It is submitted by learned counsel for the applicant that co- accused namely Mangal Singh has already been granted bail by this Court vide order dated 9.1.2019 in Criminal Misc. Bail Application No. 1127 of 2019, since the role of the applicant is not distinguishable with the role of co- accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. There is no intention of knowledge to kill the deceased. Applicant was not named in the F.I.R. The name of the applicant was disclosed by the complainant.
F.I.R. was lodged on the basis of suspicion only. After thought, the false story was developed with legal consultation due to previous enmity. Applicant has no concern with said crime. Incident took place at night, no body has seen the incident. There is no independent witness. Offence under Section 304 IPC is not made out against the applicant. He is languishing in jail since 21.10.2018 (more than three months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Saudan Singh involved in Case Crime No. 646 of 2018, under Sections 304, 201 IPC, Police Station Sasni, District Hathras be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
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 A. Singh