Criminal bail application under Sections 307, 336, 323, 504, and 506 IPC. Court allowed bail noting co-accusedes were on bail, applicant had no criminal history, and trial would face heavy pendency. Granted on personal bond and two sureties.
Release on bail with personal bond and two sureties, subject to undertaking and conditions.
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Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2653 of 2020 Applicant :- Rishipal Singh @ Sunil Opposite Party :- State of U.P. Counsel for Applicant :- A.C.Tiwari(Ac) Counsel for Opposite Party :- G.A.,Tejasvi Misra
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No. 541 of 2019, under Sections 307, 336, 323, 504 & 506 I.P.C., P.S. Modi Nagar, District-Ghaziabad, applied for bail.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case by the Informant. He has committed no offence. Entire prosecution story is false and fake. There is across case from the side of accuse-person. It is submitted that person of both sides have received injuries in the incident and it cannot be said at this stage that who was aggressor in the incident. It has further been submitted that co-accused-Shivraj has been granted bail in by Sessions Judge concerned and co-accused-Updesh has been granted bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 34641 of 2019 vide order dated 12.9.2019. It is further submitted that the applicant is languishing in jail since 08.11.2019 having no criminal history. It is lastly submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Due to heavy pendency of cases in the Court, there is no possibility of early conclusion of the trial.
Learned A.G.A. opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, age of victim, allegation made against the applicant and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed .
Let applicant - Rishipal Singh @ Sunil be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
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.
Order Date :- 28.1.2020/Chandan
2 issues framed by the court
Whether the accused is entitled to bail considering the severity of the charges and lack of flight risk.
Whether the grant of bail to co-accusedes precludes the denial of bail to the present applicant.
6 provisions across 2 enactments
Rishipal Singh @ Sunil
Rajendra Kumar -IV
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
