Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8488 of 2017 Applicant :- Shyam Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Jitendra Kumar Shishodia,I.K.Chaturvedi Counsel for Opposite Party :- G.A.,Ankur Singh Kushwaha
Hon'ble Rajul Bhargava,J.
Heard Sri V.M. Zaidi, learned Senior Advocate assisted by Sri Nitin Mukesh, learned counsel for the applicant, Sri P.S. Chauhan, learned counsel for the informant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Shyam Singh in Case Crime No.15 of 2016, under Sections 147, 148, 34, 302 and 120-B I.P.C., Police Station Jhinjhana, District-Shamli with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant and seven others had been nominated in the F.I.R. with general role of assault on the deceased. He has further submitted that in fact there is cross version in which it is stated that the deceased had entered the house of one lady of the village who happens to be Bhabhi of co-accused, Pratap and attempted to outrage her modesty, on account of which villagers assembled and gave the deceased nasty beating, as a result of which he succumbed. The applicant along with other accused had been falsely implicated in the present case. Other accused, namely, Radha alias Radhey Shyam and Jonny, against whom general role of assaulting the deceased with lathi and danda has been assigned, have been granted bail by this Court in Criminal Misc. Bail Application Nos. 30533 of 2016 and 17344 of 2017 on 21.3.2018 and 11.4.2018 respectively. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 17.1.2016, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA as well as learned counsel for the informant vehemently opposed the prayer for grant of bail to the applicant and submitted that, in fact, cross version was found to be false and final report has been submitted. They have further submitted that the lady, regarding whom allegations of outraging her modesty has been made, has not supported the defence version in her statement recorded under Section 164 Cr.P.C. but they could not dispute that co-accused against whom general role of assault has been assigned, have been enlarged on bail.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Shyam Singh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 25.4.2018 MN/-