Allahabad High Court
Durjan Singh vs State Of U.P. on 1 February, 2010
Author: Shashi Kant Gupta
Bench: Shashi Kant Gupta
Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2348 of 2010 Petitioner :- Durjan Singh Respondent :- State Of U.P. Petitioner Counsel :- Prakash Chandra Srivasta,R. K. S. Nishith Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated. It is further submitted that the applicant is father-in-law of the deceased and the applicant has referred to Annexure-6 to the affidavit filed in support of bail application wherein the deceased made dying declaration before the Chief Medical Officer , wherein the deceased has not named the applicant and the main allegation is against the husband . It is further submitted that there is no chance of his fleeing away from the judicial process or tamper with the prosecution evidence and the applicant does not have any criminal history. The applicant is in Jail since 04-12-2009. Keeping in view the nature of the offence, evidence, complicity of the accused ,severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail Let the applicant Durjan Singh involved in Case crime no.912 of 2009 under sections 498-A, 306 IPC, Police Station Sikandarau district Hathras be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
` (i)The applicant shall not tamper with the evidence during the trial.
(ii)The applicant will not pressurize/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
(iv) The applicant shall report to the police station concerned in the first week of each month to show his good conduct and behaviour.
In case of breach of any of the above mentioned conditions the court below shall be at liberty to cancel the bail.
Order Date :- 1.2.2010 IA