Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40153 of 2019 Applicant :- Tara Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ishwar Chandra Tyagi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Sunil Kumar Dubey and Sri Amit Kumar Srivastava, Advocate on behalf of complainant are taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as Sri R.K. Singh, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against three accused persons, namely Tara, Rahul and Ravi alleging that on 19.5.2019 at 9 p.m. they killed Rinku. According to postmortem report, eight injuries were found on the body of deceased but cause of death could not be ascertained, viscera was preserved and according to F.S.L. report, orgenochloro insecticide poison was found in the body of deceased. Initially, F.I.R. was lodged for the offence under Section 304 IPC, later on that was converted under Section 302 IPC.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There was love and affair between daughter of applicant and deceased due to which he has been falsely implicated. Deceased committed suicide himself by administering poison, reasons better known to him. There is no independent witness and no legal evidence agianst the applicant. There are general allegations against all accused persons. Offences levelled against the applicant are not attracted in the present case. Incident took place at night, no body has seen the incident. He is languishing in jail since 26.7.2019 (more than two months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant opposed the prayer for bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Tara Singh involved in Case Crime No. 143 of 2019, under Section 302 IPC, Police Station Amroha Dehat, District Amroha be released on bail on furnishing 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 will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 him 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 conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.9.2019 A. Singh