Allahabad High Court
Dileep Singh @ Deepu vs State Of U.P. on 8 July, 2022
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2934 of 2021 Applicant :- Dileep Singh @ Deepu Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Mustafa Khan,R.B.S. Rathaur Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
The present bail application has been filed by the applicant seeking bail in Case Crime No. 214 of 2020, under Sections-302, 201 I.P.C., Police Station-Udaipur, District-Pratapgarh.
Learned counsel for the applicant submitted that accused-applicant is innocent and has been falsely implicated in the instant case. It is submitted that broadly, as per case of the prosecution, the deceased was having illicit relationship with the sister-in-law of the daughter-in-law of the informant, as such, the applicant and co-accused Dharmendra Bahadur Singh who belongs from the side of the husband of the daughter of the informant, killed/murdered the deceased in a planned manner. It can also be said that it is a case of honour killing. He submitted that there is no ocular witness of the incident. The case of the prosecution is based upon the circumstantial evidence. The last seen evidence is a weak peace of evidence and unbreakable link has to be established for the implication and conviction. In this case, as per prosecution, the deceased was seen with the applicant on 24.10.2020. Post Mortem was conducted on 27.10.2020 at about 04:15 PM and based upon the post-mortem, it is further submitted that Autopsy Surgeon says that the period of death is two days. In view of the same, the alleged incident would have occurred on 25.10.2020 at about 04:00 to 05:00 PM. There is a gap of 24 hours. In this way, the link is missing.
Further submitted that the applicant being the relative of girl with whom the deceased was having illicit relationship has been implicated in the present case. He submitted that the prosecution has shown the arrest of the applicant along with the co-accused Dharmendra Bahadur Singh and the prosecution has also shown the recovery of a 0.315 bore country made pistol from the possession of the co-accused Dharmendra Bahadur Singh. Nothing was recovered from the possession of the applicant which is evident from the arrest/recovery memo. Based upon the arrest/recovery memo, it is further submitted that the offence, if any, was committed by the co-accused Dharmendra Bahadur Singh, who has already been released on bail by this Court vide order dated 24.12.2021 passed in Criminal Misc. Bail Application No.14861 of 2021. He submitted that except the confessional statement of the applicant as also the co-accused no other evidence is available with the prosecution to connect the applicant with the present crime. The confessional statement is inadmissible in evidence.
It is also stated that before the Trial Court the informant PW-1 has already been examined and declared as hostile witness and after being declared hostile, the permission was given to the learned counsel for the State to cross-examine the applicant, however, nothing could be elicited against the applicant, as such, the applicant is entitled to be released on bail.
It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may otherwise misuse the liberty of bail and the applicant is in jail since 30.10.2020.
Learned A.G.A. opposed the prayer for grant of bail, however, he has not disputed the above contention made by the learned counsel for the accused-applicant particularly that the informant/PW-1 has already been declared as hostile witness and co-accused has already been released on bail.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and keeping in mind that co-accused has already been released on bail by this Court as also that PW-1 has already been declared hostile witness and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant- Dileep Singh @ Deepu be released on bail in aforesaid Case Crime, on his furnishing personal bond to the satisfaction of the court concerned forthwith. Applicant is also directed to furnish two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed.
(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(6) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 8.7.2022 Vinay/-