Preetam Singh vs State Of U.P.
2019 Latest Caselaw 3483 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17382 of 2019
 

 
Applicant :- Preetam Singh
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Amit Rai
 
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 initially Gumshudagi was lodged by Mahaveer Singh, father of the deceased on 15.10.2018 alleging therein that on 13.10.2018 the deceased had gone to the Sasural of Lakhan Singh, thereafter, informant Mahaveer Singh lodged an FIR on 26.10.2018 against 5 persons including the applicant alleging that the applicant and other co-accused have killed the deceased. The dead body of the deceased was recovered on the pointing out of co-accused Lakhan Singh near river. In the statements of witnesses Tejpal and Kamal Singh it has come that they have seen the deceased with applicant and other co-accused on 13.10.2018 at about 6:00 p.m. near bus stand. Except the evidence of last seen there is no other cogent evidence against the applicant. There was no dispute of money in between the applicant and deceased. The co-accused Lakhan Singh is son-in-law of the applicant due to which the applicant has falsely been implicated in the present case. There is no eye witness of the alleged occurrence. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. The co-accused Smt. Harkali and Smt. Teena have already been released on bail by another bench of this court vide orders dated 28.2.2019 and 27.3.2019 respectively, therefore, the applicant is also entitled for bail. The applicant has no criminal history and is in jail since 16.11.2018.

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 Preetam Singh involved in Case Crime No. 534 of 2018, under section 302/364, 201, 34 IPC, P.S. Dhampur, District Bijnor 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 :- 25.4.2019

Masarrat