Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53709 of 2021 Applicant :- Tilak Singh Opposite Party :- State Of U.P. Through Secretary Home At Lucknow Counsel for Applicant :- Rajeev Kumar Saxena Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Sri Rajeev Kumar Saxena, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has not committed the present offence. He has been falsely implicated in this case. Applicant has no concern with this matter. He is not the family member nor the relative of the accused-persons. If entire prosecution case is taken into consideration, then also applicant may not be held responsible. To substantiate this argument, learned counsel has referred to annexure no.6 and further argued that recovery said to have been made in the matter is also not sufficient to connect the applicant with the present matter. Dead body of the deceased has also not been recovered. It is further argued that the applicant is languishing in jail since 2.7.2021 having no criminal antecedents. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses, and without expressing any opinion on the 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 Tilak Singh involved in Case Crime No.275 of 2021 under Sections 498-A, 304-B, 201 IPC and 3/4 Dowry Prohibition Act, Police Station Ajeetmal, District - Auraiya be released on bail on furnishing a personal bond and two heavy 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. 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.
4. 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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 20.12.2021 ss Digitally signed by OM PRAKASH Date: 2021.12.21 16:40:02 IST Reason: Document Owner Location: High Court of Judicature at Allahabad