Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48380 of 2021 Applicant :- Vishal Singh @ Kallu Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Prakash Chandra Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri P.C. Srivastava, learned counsel for the applicant and Ashwani Prakash Tripathi, learned AGA for the State as also perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Vishal Singh @ Kallu Singh, with a prayer to release him on bail in Case Crime No. - 103 of 2021, under Sections - 302, 34 and 120-B I.P.C., Police Station - Gagaha, District - Gorakhpur, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) against FIR lodged on 01.04.2021, the applicant is in confinement since 03.04.2021;
(ii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iii) as to criminal history, it has been submitted, the same has been explained;
(iv) though chargesheet has already been submitted, there is no hope of early conclusion of the trial;
(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that the FIR was lodged against unknown assailants. No evidence was uncovered in the course of investigation to implicate the present applicant. Merely on suspicion, the Investigating Officer introduced the name of the applicant on the case diary. Taking it further, the applicant was arrested and his confessional statement recorded. Other than that, recovery is stated to be wholly planted. To support such allegation, evidence has then been set up in the shape of two prosecution witness making allegation of conspiracy by including first informant 20 days after the occurrence, though was always aware of the occurrence but had not named the applicant earlier. It is further stated, the applicant had already been enlarged on bail in the other cases wherein similarly he has been made accused in Criminal Misc. Bail Application No. 47176 of 2021.
(vi) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 23.12.2021 Abhilash