Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26413 of 2021 Applicant :- Shailendra Singh @ Chhikki Opposite Party :- State of U.P.
Counsel for Applicant :- Virendra Kumar Yadav
Hon'ble Om Prakash-VII,J.
Heard Sri Rajiv Sahani, holding brief of Sri Virendra Kumar Yadav, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has not committed present offence. He has been falsely implicated in this case. It is further submitted that none has seen the incident. There is no eye account witness of the incident. F.I.R. was lodged on the basis of suspicion only. Referring to the statement of the informant recorded twice and also statement of Rati Ram, Gore Lal and Sattideen annexed with the case diary, it is further argued that they are also not eye account witnesses of the incident. If the statement of these three witnesses are taken into consideration, then also they have seen the applicant going towards the house of the deceased. It is next submitted that suspicion may be so strong, but it cannot take place as a piece of evidence. There is no other evidence to connect the applicant in this matter. At this stage, learned counsel has referred to the postmortem report and further argued that deceased was done to death by some unknown persons in other manner. Applicant was implicated in this case on the basis of false facts. He is languishing in jail since 10.2.2021 having no criminal antecedents. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. vehemently opposed the prayer for bail and argued that although F.I.R. was lodged on the basis of suspicion and the informant is not an eyewitness account, but there are number of witnesses interrogated during investigation, who have seen the applicant heading towards the house of the deceased. Thus, a prima facie case is made out against the applicant. Chain of circumstances is completely linked with each other to form an irresistible conclusion and same is conclusive in nature.
In this matter, as is evident from record, there is no eye account witness of the incident. F.I.R. was lodged on the basis of suspicion. Even witnesses, who have seen the applicant approaching the house of the deceased, have also not seen the occurrence. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of informant and the witnesses, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Shailendra Singh @ Chhikki involved in Case Crime No.11 of 2021 under Section 302 IPC, Police Station Sisolar, District - Hamirpur be released on bail on furnishing a personal bond and two heavy 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. 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.
4. 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 prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self-attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 6.10.2021 ss Digitally signed by OM PRAKASH Date: 2021.10.07 16:46:27 IST Reason: Document Owner Location: High Court of Judicature at Allahabad