Single bench bail application wherein the applicant sought release alleging false implication and trivial injury. The grave nature of the offence and circumstances were considered.
Applicant released on bail on furnishing a personal bond and two sureties each in the like amount.
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Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3765 of 2019
Applicant :- Narendra Pal Singh @ Bittu Opposite Party :- State Of U.P. Counsel for Applicant :- Amit Rana Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State-opposite party and perused the record.
It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in this case. That incident in question occurred on 29.09.2018 at 18.40 P.M. and F.I.R. was lodged on 29.09.2018 at 23.22 hrs, against unknown person and there is no explanation regarding delay. That in the statement of injured under Section 161 Cr.P.C., applicant was not named. That name of the applicant came into light in the statement of applicant's brother namely Shri Lalu @ Ranjeet after fifteen days of the incident. That according to injury report there is injury on the abdomen, which is simple in nature. He further submits that neither the applicant has committed any such offence as alleged by the prosecution nor there is any credible evidence regarding his complicity in the alleged offence and has been falsely implicated just to harass, victimise and exert undue pressure on him. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 26.10.2018.
Learned A.G.A. has vehemently opposed the prayer of bail application submitting that allegations against the applicant are serious in nature, and therefore, bail may not be granted.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Narendra Pal Singh @ Bittu involved
in Case Crime No.931 of 2018, under Section 307 I.P.C., P.S. Kotwali City Bijnor, District Bijnor be released on bail on 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 will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
(iv)The applicant shall report to the police station concerned in the first week of each month to show his good conduct and behavior.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Application is, accordingly, disposed of.
Order Date :- 24.4.2019 Vibha Singh
1 issue framed by the court
Whether bail should be granted to the applicant accused under Section 307 IPC in case of alleged false implication.
Narendra Pal Singh @ Bittu
Suresh Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
