Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11101 of 2010 Petitioner :- Puttan Singh @ Digman Singh Respondent :- State Of Up Petitioner Counsel :- P.K. Singh Respondent Counsel :- Govt Advocate Hon'ble B.N. Shukla,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and
perused the record.
Learned counsel for the applicant has contended that co-accused Shailendra
who was named in FIR has already been exonerated and name of co-accused
Malli Pasi appeared in the statement of witness who has already been allowed
bail by the Session Judge and witnesses Virendra Singh, Mangal Pasi, Jhallar,
Vinod Singh and Ramesh Pasi have not supported the prosecution case and
even wife of the deceased Smt. Sushila Devi has stated before the I.O. that she
had not seen firing at the deceased. It is further contended that the applicant
has been falsely implicated in this case and he has no criminal history. The
applicant is in jail since 12.2.2009.
Learned A.G.A. has contended that the postmortem report fully supports the
prosecution case and the incident has taken place during night hours and the
deceased was dragged by the accused persons and dead body was found in the
field of Bhaggoo Singh.
Malli Pasi has already been allowed bail by this court on 11.1.2010. The co-
accused Shailendra Singh was exonerated. Most of the witnesses have not
supported the prosecution case. The applicant has no criminal history. The
occurrence had taken place during night hours.
Considering the nature of accusation and the severity of punishment in case of
conviction and the nature of supporting evidence, reasonable apprehension of
tampering of the witnesses and prima facie satisfaction of the court in support
of the charge, the applicant is entitled to be released on bail.
Let the applicant Puttan Singh alias Digman Singh involved in case crime no.
167 of 2009, under section 302, 504, 506 IPC, P.S. Husainganj, District
Fatehpur 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 with
the following conditions.
1. The applicant shall not tamper with the prosecution evidence by
intimidating the witnesses.
2. He shall cooperate with the investigation and speedy trial.
3. He shall not indulge in any criminal activity or commission of any
crime after being released on bail..
Order Date :- 10.5.2010
Masarrat