Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23327 of 2019 Applicant :- Suraj Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Piyush Dubey Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Piyush Dubey, learned counsel for the applicant, Sri Nafees Ahmad, learned counsel for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant – Suraj Singh with a prayer to enlarge him on bail in Case Crime No.112 of 2019, under Sections 147, 302 I.P.C., Police Station Hasanpur, District Amroha.
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 is argued that the for the incident dated 15.6.2019 the FIR has been lodged alleging therein that there was a sudden quarrel between the deceased and as many as six accused persons for a petty issue for which the applicant along with five others have throttled the deceased Deep Chand @ Deepak to death. It has further been alleged that the body of the deceased was thrown in front of the house of the informant. Though the incident is said to be eye witnessed, but the FIR has been lodged after 15 days without any proper explanation. General allegations have been levelled against as many as six accused persons. It is next contended that the applicant has no criminal history and 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 02.04.2019. 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 :- 4.6.2019 Anand Sri./-