This bail application was allowed. The court observed that co-accused persons had already been granted bail and released the applicant on a personal bond with sureties subject to standard conditions.
Applicant released on bail with personal bond and two sureties subject to conditions regarding tampering and appearance.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16888 of 2022
Applicant :- Rajan @ Rajendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Kumar Srivastava,Hari Krishna Singh Counsel for Opposite Party :- G.A.,Garun Pal Singh
Hon'ble Subhash Vidyarthi,J.
Heard Sri Hari Krishna Singh, the learned counsel for the applicant, Sri Arun Kumar Pandey, the learned Additional Government Advocate and perused the record.
The instant application has been filed seeking release of the applicant on bail in Case Crime No. 705 of 2022, under Section 305 IPC, Police Station Vrindavan, District Mathura during pendency of the trial in the Court below.
The aforesaid case was registered on the basis of an application under Section 156 (3) Cr.P.C. lodged by the informant Dharmveer Singh alleging that his younger brother Shyam Singh had a love affair with the daughter of the accused no.1 - Ashok Singh. He had beaten and threatened his daughter and on the next date, the informant's brother and daughter of Ashok Singh had eloped from the village. The informant and his family members made a search for them and upon finding them, the girl's father and other family members came to the Police Chowki with some persons and the girl's custody was handed over to his father. A compromise was entered into and the informant's uncle had paid some money to the girl's father in furtherance of the compromise and it was settled that he will not make any police complaint. However, soon thereafter, the girl's father stated that they would not let the informant's brother live. On 27.06.2021 the applicant along with two other named accused persons namely Chikku and Ashok along with two unknown persons forcibly took away the informant's brother, which was seen by the informant's mother. On 28.06.2021 at 08:30 a.m. when a person from the village informed that the dead body of the informant's brother was lying on the railway line.
The informant alleged that the accused persons had committed murder of his brother after abducting him and they had put his dead body on the railway track so as to give it a colour of a suicide.
It has been stated in the affidavit filed in support of the bail application that the applicant has not committed any crime and he being a relative of the main accused Ashok has been falsely implicated in the aforesaid case.
The learned counsel for the applicant has further stated that the main accused Ashok Singh has been granted bail by this Court by means of an order dated 06.07.2022 passed in Criminal Misc. Bail Application No. 56017 of 2021 and another coaccused namely Chetram alias Cheto has also been granted bail by means of an order dated 29.03.2022 passed by this Court in Criminal Misc. Bail Application No. 2977 of 2022.
The applicant is languishing in jail since 28.03.2022.
Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the fact that the case set up against the applicant is similar to that set up against the other co-accused persons, who have already been released on bail.
Keeping in view the aforesaid facts and circumstances of the case, I find it to be a fit case for grant of bail to the applicant in the aforesaid case crime number.
In the light of preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed .
Let the applicant Rajan @ Rajendra Singh be released on bail in Case Crime No. 705 of 2022, under Section 305 IPC, Police Station Vrindavan, District Mathura on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make
inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.
Order Date :- 15.7.2022 Ashish Pd.
Digitally signed by ASHISH PRASAD Date: 2022.07.20 13:12:48 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is eligible for bail in the murder case before this court.
Rajan @ Rajendra Singh
State of U.P.
Subhash Vidyarthi
Ashish Prasad
As recorded by the court registry
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