Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36183 of 2018 Applicant :- Sooraj Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Sudhir Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Sudhir Kumar, learned counsel for the applicant and learned A.G.A. appearing for the State.
Learned counsel for the applicant submitted that the F.I.R. was lodged by the brother-in-law of the applicant after an inordinate and unexplained delay of more than three months. He next submitted that the applicant is brother of the victim and the victim in her letter, which has been brought on record as Annexure-4 to the affidavit accompanying the bail application has not made any specific allegation against him. He further submitted that the applicant is not in any way involved in the disappearance of the victim and he has been falsely implicated in the present case due to some ulterior motive. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. Further submission is that applicant who is in jail since 30.6.2018 has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer for bail.
Having heard the submissions of learned counsel of both sides and perused the letter of the victim which is annexed as Annexure-4 of the affidavit accompanying the bail application, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Let the applicant Sooraj Singh be released on bail in Case Crime No. 677 of 2017, under Sections 364 and 506 I.P.C., P.S. Baradari, district-Bareilly on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 25.9.2018 Faridul