Allahabad High Court
Kartar Singh And 3 Others vs State Of U.P. on 15 June, 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13606 of 2020 Applicant :- Kartar Singh And 3 Others Opposite Party :- State of U.P. Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A. Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicants Kartar Singh, Suresh, Ramhet, and Hariom in Case Crime No.419 of 2019, under Sections 395, 412 IPC, Police Station Khandauli, District Agra.
Heard Sri Prem Chandra Dwivedi, learned counsel for the applicant and the learned AGA appearing on behalf of the State.
The submission of the learned counsel for the applicants, who are four in number, is that they have been challaned in connection with the present crime which has been registered against unnamed persons. The applicants were arrested in connection with Case Crime No.5 of 2020 under Section 15 of U.P. Dacoity Affected Areas Act, and while, they were arrested in connection with the said case, they were also challaned in connection with the present crime. It is pointed out that the applicants have already been enlarged on bail in connection with Case Crime No.5 of 2020 under Section 15 of the U.P. Dacoity Affected Areas Act, Police Station Shamshabad, District Agra vide order dated 20.02.2020 passed by the learned Additional Sessions Judge, Court No.3, Agra. It is submitted with much emphasis that so far as the present crime is concerned, the applicants have not been put up for test identification parade, a fact asserted in paragraph No.5 of affidavit filed in support of the application. It is argued that the applicants have been baselessly involved in a number of crimes after being arrested in connection with the case under the U.P. Dacoity Affected Areas Act, including the present crime. Prior to the last mentioned arrest, the applicants had no criminal history. It is urged that the applicants implication along with the other co-accused is one that is opportunistic in order to bring to a logical conclusion the investigation of a pending crime relating to dacoity. It is also pointed out that the applicants are in jail since 10.01.2020.
Learned AGA has opposed the bail plea.
Considering the overall facts and circumstances of the case, the gravity of the offence, the nature of allegations, the severity of punishment, and, in particular, the fact that the applicants have been challaned in the present crime while they were arrested in Case Crime No.5 of 2020 under Section 15 of the DAA Act, the fact that the applicants have been enlarged on bail in Case Crime No.5 of 2020 (supra), the fact that the applicants have not been put up for test identification parade in connection with the present case where the FIR is against unnamed offenders, the fact that the applicants are in jail since 10.01.2020, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicants Kartar Singh, Suresh, Ramhet, and Hariom in Case Crime No.419 of 2019, under Sections 395, 412 IPC, Police Station Khandauli, District Agra be released on bail on executing their personal bonds and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicants shall not tamper with the prosecution evidence.
ii) The applicants shall not threaten or harass the prosecution witnesses.
iii) The applicants shall appear on the date fixed by the trial court.
iv) The applicants shall not commit an offence similar to the offence of which the applicants are accused, or suspected of the commission.
v) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 15.6.2020 NSC