Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2000 of 2010 Petitioner :- Harpal Singh Respondent :- State Of U.P. Petitioner Counsel :- Rajesh Mishra,I. K. Chaturvedi Respondent Counsel :- Govt Advocate,Atul Sisodia,Rajeev Sisodia Hon'ble Amar Saran,J.
A supplementary affidavit filed today, be taken on record.
Heard the learned counsel for the applicant, Sri Atul Sisodia,
learned counsel for the complainant and the learned A.G.A. for the
State.
It is argued by the learned counsel for the applicant that the F.I.R.
was lodged in this case after 24 days when the incident took place
on 2.3.2009 at about 12 noon. Moreover, the dispute if at all was
between the co-accused Harpal, S/o Dhyan Singh over a piece of
land with the deceased Sooraj Singh and that the applicant Harpal
Singh S/o Jaggu Singh may only have been a visitor in that house
and on that day, they may have taken liquor with other persons,
but may not have any knowledge that the liquor consumed by the
deceased was being administered with poison. It is, furthermore,
pointed out that the daughter of the applicant had got married one
day earlier and in such circumstances also it was argued that it was
not very likely that he would have participated in that conspiracy,
if any. Also as the son of the informant immediately spotted the
applicant and the co-accused going along with the deceased, and
are said to have run away from the bullock cart, the non lodging of
the report immediately, was another circumstance for questioning
the veracity of the prosecution version.
Learned counsel for the complainant argued that there was no
reason for the false implication of the applicant and he must have
been involved in the conspiracy and the delayed filing of the F.I.R.
has been explained by the moving of applications, which were
made to the Minister and S.P. concerned one or two days after the
incident.
Having heard the submissions of the learned counsel for the parties
and without expressing any opinion on the merits of the case, let
the applicant Harpal Singh, S/o Jaggu Singh, involved in Case
Crime No. 531 of 2009, under sections 302 I.P.C., Police Station
Nehtaur, district Bijnor be released on bail on his furnishing a
personal bond with two sureties each in the like amount to the
satisfaction of the Court concerned.
Order Date :- 2.2.2010
HSM