Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21717 of 2020 Applicant :- Shyam Singh Opposite Party :- State of U.P.
Counsel for Applicant :- S.S. Rajput,Shekhar Gangal,Upendra Kumar Pushkar Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to the prosecution version, sister of the informant has admitted her brother Vinod Kumar (deceased) in Nasha Mukti Kendra in Aligarh. On 24.08.2019 the informant was informed by some persons of Nasha Mukti Kendra that his brother Virender Kumar is admitted in Malkhan Singh hospital and after reaching at hospital, he found that Vinod Kumar has already died of injuries. It was alleged that applicant and five co-accused have caused his death by assaulting him.
It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It has been submitted that the applicant was admitted in Nasha Mukti Kendra but he has not participated in any such incident as alleged by the prosecution. In the post-mortem report only two ante- mortem injuries have been shown on the body of deceased and that there is no specific evidence that which of the accused has caused the said injuries. Learned counsel for the applicant has submitted that as per the version of the eye-witnesses, co-accused Vineet has assaulted the deceased and that applicant and co-accused Shahbeen @ Shauquin have caught hold the legs and that co-accused Pradeep was sitting over the deceased. It has further been submitted that similarly placed co-accused Pradeep Sharma and Shauquin have already been granted bail by this Court in Criminal Misc. Bail Application Nos. 11832 of 2020 and 33622 of 2020 respectively vide orders dated 22.07.2020 and 17.11.2020. It was further submitted that applicant is languishing in jail since 12.11.2019 having no criminal history and that in case, applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the prayer for bail but it could not be disputed that similarly placed co-accused Pradeep Sharma and Shauquin have already been granted bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.
Let applicant Shyam Singh involved in case crime no.570 of 2019, under Sections 147, 302 IPC P.S. Banna Devi, district Aligarh be released on bail on furnishing a personal bond and two heavy sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
A. The applicant shall not tamper with the evidence during the trial.
B. The applicant shall not pressurize/ intimidate the prosecution witness.
C. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
D. The applicant shall not commit an offence similar to the offence of which he is an accused, or suspected, of the commission of he is suspected.
E. 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 them 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 condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law.
Order Date :- 19.8.2021 pks