Allahabad High Court
Shivsagar Singh vs State Of U.P. on 17 August, 2022
Author: Ajay Bhanot
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20770 of 2022 Applicant :- Shivsagar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Raj Narayan Singh Counsel for Opposite Party :- G.A.,Utsav Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 17 of 2022 at Police Station Bargarh District Chitrakoot under Sections 302, 201, 120B IPC. The applicant is in jail since 26.03.2022.
The bail application of the applicant was rejected by learned Sessions Judge, Chitrakoot on 25.04.2022.
Shri Raj Narayan Singh, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant was not named in the F.I.R. nor in the statement of the informant. The only basis of nomination of the applicant is his alleged confessional statement made before the nephew of the deceased. The applicant had no occasion to make a such confession before the nephew of the deceased since he was not known to him. The recovered articles were planted on the applicant to frame him in the instant case to show proficiency of the police investigators. There is no independent witness to the recovery. The time of death as opined in the postmortem report contradicts the prosecution case against the applicant. The applicant was not last seen with the deceased at a time proximate to the death of the latter. There is no direct evidence against the applicant. At best this is a case of circumstantial evidence. The chain of incriminating circumstances is neither complete nor reliable. Prosecution evidence does not connect the applicant with the offence.
Learned counsel for the applicant contends that the applicant does not have any criminal history apart from the instant case. The applicant is not a flight risk and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.
Shri Paritosh Kumar Malviya, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not dispute the fact that the applicant does not have any criminal history apart from this case.
I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Shivsagar Singh be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.
In case any averment made in the bail application or the submissions during the course of argument are found to be false or in case of breach of any of the above condition, the State/prosecution may move an application for cancellation of bail application.
Order Date :- 17.8.2022 Dhananjai