Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23850 of 2019 Applicant :- Vikram Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Arvind Agrawal Counsel for Opposite Party :- G.A.,Sanjay Kumar Dwivedi,
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Urge made on behalf of the applicant has been confined to the extent that not a single whisper by any of the prosecution witnesses on point that it was the applicant who alone caused fatal blow on the head of the deceased, whereas, fact is that, whatsoever, statement of the eyewitnesses was given is that one or two persons jointly caused fatal blow on the head of the deceased Sunita and there is only one head injury sustained by the deceased as noted in the post mortem report otherwise allegations are vague. No forensic examination report regarding blood stain found on Lathi has also been availed by the prosecution and the same could not be placed before this Court. The other co-accused who are similarly circumstanced except for recovery of Lathi from the applicant have been admitted to bail by this Court and substantive case of the co-accused is more or less similar and identical to the applicant. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 15.01.2019.
Sri Sanjay Kumar Dwivedi, learned counsel for the complainant has opposed the prayer for bail and submitted that recovery of Lathi distinguishes the case of the applicant from the other co-accused. Testimony of the prosecution witnesses is specific that it was the applicant who caused fatal blow on the head of the deceased Sunita.
Learned A.G.A. has adopted contention of the learned counsel for the complainant.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Vikram Singh involved in Case Crime No.465 of 2018, under Sections 147, 148, 325, 304 I.P.C., Police Station Refinery, District Mathura be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 30.9.2019 rkg