Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41551 of 2018 Applicant :- Vikram @ Digambar Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Jitendra Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Jitendra Prasad Mishra, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.19 of 2018, under Sections 302 & 120-B/34 IPC, Police Station Kamasin, District Banda, with the prayer to release him on bail.
Submission of learned counsel for the applicant is that according to prosecution, the deceased had gone to take medicine from the Medical Store on 28.2.2018 at 9 P.M. On the same day, she received information that her husband was murdered. The first information report was lodged on 1.3.2018 in which the prosecution has introduced the version of last seen that the applicant was seen going along with the deceased. The Police has falsely planted a Katta at the time of his arrest. The other co-accused namely Raju @ Vikram Singh Yadav, Tarun Singh, Surya Bhan Singh alias Raja Singh & Naval Singh, whose names also surfaced during investigation, have already been enlarged on bail by the coordinate Benches of this Court in Criminal Misc Bail Application Nos.19987, 25770 & 27932 of 2018 vide orders dated 28.5.2018 & 18.9.2018 respectively. Lastly, it is submitted that the applicant, who is languishing in jail since 11.32018, having no criminal antecedents to his credit, deserves to be released on bail.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Vikram @ Digambar Singh, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that :-
(1) The applicant shall not tamper with the prosecution evidence;
(2) The applicant shall not pressurize the prosecution witnesses;
(3) The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 31.10.2018 Hasnain