Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22824 of 2019 Applicant :- Shaitan Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Phool Singh Yadav,Ajai Kumar Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri P.S. Yadav, learned counsel for the applicant, Sri Amit Singh Chauhan, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant – Shaitan Singh with a prayer to enlarge him on bail in Case No.2322 of 2018 arising out of Case Crime No.306 of 2017, under Section 376-D I.P.C, Police Station Kadarchowk, District Budaun.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It has been argued that earlier an F.I.R. was lodged on 27.07.2015 by Awadesh, who is nephew of the applicant against the husband of the prosecutrix in which charge-sheet has been submitted on 12.08.2015 after which for incident dated 20.08.2015, an application under Section 156(3) was moved by the prosecutrix, requesting to get the F.I.R. lodged against the applicant and others, which was rejected on 30.07.2016 after calling for the police report. For the above incident, the present F.I.R. was lodged through an application under Section 156(3) Cr.P.C., which was moved by the prosecutrix for the second time. Another F.I.R. was lodged by the father-in-law of the prosecutrix against the applicant and two others in which bail has been granted by the court below. It has further been submitted that the present F.I.R. has been lodged with false and frivolous allegation, in order to exert pressure upon the applicant solely by way of counter blast to the earlier cases lodged by the family members of the applicant against the family members of prosecutrix. The applicant has been assigned the role of standing near the place of incident. As per medical report, no external or internal injury was found on her body. Co-accused Vikram Singh and Purushottam, who have been assigned the main role, have already been granted bail by this Court vide orders dated 26.03.2019 and 06.06.2019 passed in Crl. Misc. Bail Application Nos.11902 and 23362 of 2019. The case of the applicant stands on better footing. Accordingly, the applicant is also entitled for bail. It is next contended that there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 07.05.2019. Accordingly, he requests for bail.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 7.6.2019 Anand Sri./-