Maan Singh vs State Of U.P.
2019 Latest Caselaw 2929 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 41
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15457 of 2019
 

 
Applicant :- Maan Singh
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Ajay Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

Learned counsel for the applicant submits that the applicant is not named in the FIR. The FIR was lodged against unknown. In FIR it has been mentioned that the deceased was missing since 15.10.2018 at about 7.00 P.M. The dead body of the deceased was found on 16.10.2018 in the forest near Zila Parishad Farm House. Thereafter, on 22.10.2018 the informant Swami Sharan has moved an application mentioning therein that the applicant and his wife Anna Purna have committed the murder of the deceased. It has further been mentioned that Prahlad Singh and Uma Shanker have seen the applicant and his wife Anna Purna walking near Zila Parishad Farm House. In the statement of witness Shashi Bhushan it has come that there was illicit relation in between the deceased and wife of applicant. It has further been submitted that there is no cogent evidence of illicit relation in between the deceased and wife of applicant. In the statement of witnesses Prahlad Singh and Uma Shanker only it has come that they have seen the applicant and his wife Anna Purna walking near Zila Parishad Farm House. There is no direct evidence against the applicant. The applicant has falsely been implicated in the present case only on the basis of suspicion. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. The applicant has no criminal history and is in jail since 22.10.2018.

Per contra; learned A.G.A. has opposed the prayer for bail.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Maan Singh involved in Case Crime No. 42 of 2018, under section 302, 201 IPC, P.S. Shahjahanpur, District Jhansi be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

1. The applicant will not tamper with the evidence.

2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.

Order Date :- 15.4.2019

Masarrat