Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41018 of

2021

Applicant :- Lekhraj Alias Leela

Opposite Party :- State of U.P.

Counsel for Applicant :- Bhuvnesh Kumar Singh

Counsel for Opposite Party :- G.A.

Hon'ble Ajay Bhanot,J.

Heard Shri Bhuvnesh Kumar Singh, learned

counsel for the applicant and Shri Paritosh Kumar

Malviya, learned AGA for the State.

A first information report was lodged as Case

Crime No.0010 of 2019 at Police Station Sherkot

District Bijnor under Sections 302, 201 IPC.

The bail application of the applicant was rejected

by learned Sessions Judge, Bijnor on 28.06.2019.

The applicant is in jail since 13.04.2019 pursuant to

the said F.I.R.

Shri Bhuvnesh Kumar Singh, learned counsel for

the applicant contends that the applicant has been

falsely implicated in the instant case. The deceased

was married to the principal offender Labhpreet.

The deceased and the principal offender Labhpreet

had matrimonial issues. The applicant is a servant

working on the farms of the said Labhpreet. There

is no direct evidence against the applicant. The

applicant was not named in the FIR. Three

witnesses namely, Veer Singh, Rajpal Singh and

Bhrampal Singh did not nominate the applicant

even in their first statements made to the police

authorities on 21.02.2019. The name of the

applicant was introduced in the second statement

made by the said witnesses on 05.04.2019. The

belated statement nominating the applicant is an

afterthought and made with a view to absolving the

family members of the said Labhpreet. The delay

in making the said statement discredits the

aforesaid witnesses. The applicant was not last seen

with the deceased at any time proximate to her

death. There is no direct evidence against the

applicant. During the course of investigation no

incriminating link has been established in the chain

of circumstances against the applicant. Recovered

items were planted on the applicant only to show

the efficiency of the police investigators. The said

recovery is unreliable. All items were recovered

from the house of the principal offender Labhpreet.

Learned counsel for the applicant contends that

the applicant does not have any criminal history

apart from this case. Lastly it is contended by the

learned counsel for applicant that the applicant

shall not abscond and will fully cooperate in the

criminal law proceedings. The applicant shall not

tamper with the evidence nor influence the

witnesses in any manner.

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.

Courts have taken notice of the overcrowding of

jails during the current pandemic situation (Ref.:

Suo Motu Writ Petition (c) No. 1/2020, Contagion

of COVID 19 Virus in prisons before the Supreme

Court of India). These circumstances shall also be

factored in while considering bail applications on

behalf of accused persons.

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- Lekhraj Alias Leela be released

on bail in Case Crime No.10 of 2019 at Police

Station Sherkot District Bijnor under Sections 302,

201 IPC, 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 d