The court granted bail to the applicant, Prem Singh, in a murder and kidnapping case based on circumstantial evidence. The court held that the last seen circumstances required evidentiary proof during the trial and found the case a fit one for bail with sureties.
Release of the applicant on bail after furnishing a personal bond and two sureties each.
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9938 of 2021
Applicant :- Prem Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Vashistha Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant who is present virtually through video conferencing and learned A.G.A. for the State and perused the record.
This bail application has been given by the accused applicantPrem Singh, in Case Crime No. 311 of 2020, under Sections 364, 302, 201 I.P.C., P.S.- Patilyali, District - Kasganj, with further prayer to release him on bail during pendency of trial.
Learned counsel for the applicant has submitted that applicant is innocent and has been falsely implicated in the present case. Further submission is that the F.I.R. was lodged against the accused-applicant by the informant- Siyaram, naming four accused persons, with allegation that deceased was seen going with the accused persons on 9.10.2020 and on 13.10.2020 her dead body was recovered from a field. The F.I.R. was lodged on the basis that Brijendra saw the deceased going with the accused persons on the relevant date.
Further submission of learned counsel for the applicant is that except the evidence of last seen, there is no other evidence against the accused-applicant. The accused-applicant has been falsely implicated only on the basis of suspicion. It is further submitted that the case is totally based on circumstantial evidence of last seen and same is yet to be established during trial. Applicant is prepared to furnish sureties and bonds, therefore, there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant is in jail since 14.10.2020 and undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.
Learned A.G.A. has vehemently opposed the prayer of bail but he has not disputed the aforesaid facts.
In view of the above, I find that clearly it is a case of circumstantial evidence of last seen and the circumstances are yet to be established during trial, therefore, without commenting on merits of the case, I find it to be a fit case for bail.
Let applicant- Prem Singh , involved in the aforesaid case, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 22.6.2021 Vandana
1 issue framed by the court
Whether the applicant is entitled to bail in a case involving circumstantial evidence of last seen which remains unproven during trial.
6 provisions across 2 enactments
Prem Singh
State of U.P.
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
