Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21702 of 2020 Applicant :- Suraj Pal Opposite Party :- State of U.P.
Counsel for Applicant :- Rohit Kumar Pandey,Rajeev Kumar Saxena,Virendra Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
First information report was lodged by the daughter of deceased against Mukesh and Randhir alleging that on 12.10.2019 at 11:30 PM when she came at her house after seeing Ram Leela, she found that her mother Ram Beti was lying dead. She has alleged that her mother was done to death by said Mukesh and Randhir. It appears that during investigation, the Investigating Officer recorded statements of some witnesses including that of Hansi, Chandrakesh, Veerpal, Arvind Kumar and on the basis of their statements, involvement of applicant was found and accordingly the applicant accused was arrested.
It has been argued by learned counsel for the applicant that applicant is innocent and he has not committed any offence. The first information report was lodged against Mukesh and Randhir but they were exonerated by the police during investigation. Learned counsel has pointed out that the informant and family members of deceased have moved applications /complaints to various police authorities alleging that alleged named accused Mukesh was involved in the incident and they have not made any allegation against the applicant. Even a writ petition was filed before this Court by the first informant for fair investigation in the case. Learned counsel further submitted that statements of alleged independent witnesses, namely, Hansi, Chandrakesh, Veer Pal and Arvind, have been recorded after 12 days of incident and they are residents of same village. If they have seen the incident, there are no reasons that why they kept mum for 12 days. The statement of these witnesses to the effect that applicant was having illicit relations with deceased, are false and baseless and applicant was not residing at the house of deceased. If the applicant might have been involved in the incident, there are no reasons that why the family members of informant would spare him. It has been further submitted that the applicant is languishing in jail since 07.11.2019, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Perusal of record shows that applicant is not named in the first information report, which was lodged against co-accused Mukesh and Randhir and that his involvement has been shown on the basis of statement of some witnesses, whose statements have been recorded after 12 days of incident, while they are residents of same village. The informant and family members of deceased have not supported that version and they have made complaints that matter has not been investigated properly.
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, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Suraj Pal involved in Case Crime No. 487 of 2020, under Section 302 of IPC, P.S. Gunnaur, District Sambhal, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. 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.
5. 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 Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 12.8.2021 A. Tripathi