Court allowed bail application of Lakhan Singh, charged under Section 307 IPC, on furnishing personal bond and two sureties, imposing conditions against tampering with evidence or witnesses.
Released on bail with personal bond, two reliable sureties, and undertaking subject to conditions against tampering and trial obstruction.
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Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 720 of 2020
Applicant :- Lakhan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Satendra Singh Counsel for Opposite Party :- G.A.
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.617 of 2019, under Section 307 IPC, Police Station Sirsaganj, District Firozabad, applied for bail.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case by the police to show good work. He has committed no offence. Prosecution story is false and fake. Applicant is not named in the FIR. Applicant has not been arrested on spot. Applicant has been arrested on second day of incident by the Police on the pointing of injured himself. Nothing has been recovered from his possession. As per injury report, injury found on the person of victim is simple in nature. Applicant is in jail since 13.11.2019 having no criminal history. It is further 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. has 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 and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Lakhan Singh 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 :- 3.2.2020 I.A.Siddiqui
2 issues framed by the court
Whether the applicant charged under Section 307 IPC is entitled to bail despite false implication allegations.
Whether the applicant can secure release on personal bond with sureties.
2 provisions across 2 enactments
Lakhan Singh
Rajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
