Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15545 of 2021 Applicant :- Vishal And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Yash Padia,Pradeep Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard Sri Vinay Saran, learned Senior Counsel assisted by Sri Pradeep Kumar Mishra and Sri Yash Padia, learned counsel for the applicants, learned A.G.A. for State and perused the material available on record.
Accused-applicants, involved in Case No.360 of 2005, Sessions Trial No. 38 of 2005, Crime No. 17 of 2000, under Sections 302 I.P.C., Police Station Gohan, District Jalaun, applied for bail.
Learned counsel for the applicants submits in following manner :-
(i) Applicants are innocent and have been falsely implicated in the present case; they have committed no offence; entire prosecution story is false and fake.
(ii) The applicants are the father-in-law and mother-in-law of deceased respectively and they are more than 75 years of age. During trial, all the witnesses have turned hostile and husband of deceased has been acquitted by the trial court. The trial of the present applicants had been separated due to pendency of their application under Section 482 Cr.P.C. in the High Court, therefore, applicants did not appear in the trial court and their trial remained held up. There is no possibility of conviction of applicants, even if the trial is allowed to go on.
(iii) Applicants are in jail since 9.3.2021. There is no possibility of the applicants' fleeing away from the judicial process or tampering with the witnesses. In case the applicants are enlarged on bail, they shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicants.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, severity of punishment in case of conviction, witnesses having been turned hostile, acquittal of husband of deceased, evidence collected by I.O. during investigation and without commenting upon the merit of the case, applicants deserve bail.
Accordingly, bail application is allowed.
Let applicants Vishal Singh and Smt. Krishna Singh be released on bail in the aforesaid case crime on their furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
1. The applicants shall not tamper with the evidence or threaten the witnesses.
2. The applicants shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, they shall not indulge in any criminal activities or case.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
The applicants shall file computer generated copy of this order downloaded from the official website of Allahahad High Court. Authenticity thereof be verified by the authority concerned from the official website of this Court with a declaration of such verification in writing.
Order Date :- 8.4.2021 Manoj