Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27199 of 2021 Applicant :- Titu Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Vinod Singh
Hon'ble Om Prakash-VII,J.
Crl. Misc. Exemption Application is allowed.
Heard 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 present offence. He has been falsely implicated in this case. It is further submitted that no prima facie case is made out against the applicant. Referring to the contents of the F.I.R., it is further argued that same is not supported with medical evidence. No injury was found on the body of the deceased whereas, in the F.I.R., injury is said to have been caused by the applicant on the head of the deceased. Thus, referring to the aforesaid fact, it is further submitted that cause of death of the deceased could not be ascertained. Viscera was preserved. Prosecution case does not support the medical evidence. Applicant is languishing in jail since 11.6.2020 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 and argued that in this matter, viscera was preserved, but the report has not been received till today. Informant is the eye account witness. He has seen the incident. A prima facie case is made out against the applicant.
In this matter, as is evident from record, no injury was found on the body of the deceased at the time of postmortem whereas in the F.I.R., it has been mentioned that applicant caused injury on the head of the deceased. Thus, 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 Titu Singh involved in Case Crime No.125 of 2020 (S.T. No.1207 of 2020) under Sections 304, 504, 323 IPC, Police Station Narsaina, District - Bulandshahar 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.
The party shall file self-attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 6.10.2021 ss Digitally signed by OM PRAKASH Date: 2021.10.07 16:46:34 IST Reason: Document Owner Location: High Court of Judicature at Allahabad