Allahabad High Court
Netrapal Singh vs State Of U.P. on 6 January, 2023
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 83 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34268 of 2020 Applicant :- Netrapal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Singh,Jata Shankar Pandey,Ravi Shanker Pathak,Sr. Advocate(Anil Srivastava) Counsel for Opposite Party :- G.A.,Chandra Prakash Pandey,Ravi Shanker Pathak Hon'ble Krishan Pahal,J.
Heard Sri Jata Shankar Pandey, learned counsel for the applicant and Sri Chandra Prakash Pandey, learned counsel for the complainant as well as Sri Vibhav Anand Singh, learned A.G.A. for the State and perused the record.
Applicant seeks bail in Case Crime No. 22 of 2020, under Sections 302 I.P.C., Police Station Kagaraul, District Agra, during the pendency of trial.
As per prosecution story, the applicant is stated to have caused death of his wife Rekha aged about 30 years by firing on her on 28.2.2020.
Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present. He has further stated that unknown assailants had barged into the house of the applicant and fired at his wife leading to her death. He has further stated that the first informant, who happens to be the father of the deceased, was examined in the court as PW-1 who resiled from his earlier statement and has been declared hostile and cross examined by the public prosecutor. Other eye witnesses, PW-4 and PW-5 have also not supported the prosecution story. There is nothing on record to show that the applicant has committed any offence whatsoever. Applicant has three minor children to attend to. It is further stated that going to his incarceration, the children have been rendered homeless and they are being forced to live a life of destitution and vagrancy. Applicant is ready to support in trial. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since 29.2.2020. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned counsel for the informant has also not disputed the fact that the witnesses and the informant have turned hostile.
Per contra, learned A.G.A. has vehemently opposed the bail application opposed the bail application on the ground that PW-2 who happens to be the transcriber of the F.I.R. has supported the prosecution story and has stated that he had transcribed what was stated to him by the informant. Although he could also not dispute the fact that other witnesses have turned hostile.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant- Netrapal Singh involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.
5. The applicant 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 6.1.2023/Vandana