Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22718 of 2019 Applicant :- Abhay Singh @ Golu Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajeev Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
As per prosecution case, informant's brother and his brother-in- law had gone to the cement agency for purchasing building material; all of sudden, three unknown persons came on motorcycle and opened fire indiscriminately which hit the brother of the informant and also the shop keeper, Raju Jaiswal; one Tarak Jaiswal in his statement under Section 161 Cr.P.C. revealed the name of Chandan Singh demanding Rs.12,00,000/- as ransom; similar statement was recorded by several shop keepers, thereafter, on input of police informer that Chandan Singh had hatched the conspiracy, which was got executed by several persons including the applicant.The name of applicant came into light in the statement of one Chandrika Prasad who stated that the applicant and co accused Sandeep Singh, Abhay Singh @ Golu Singh, Vijay Harijan, Guddu Singh @ Katai and and Rakesh Singh were seen walking in the area. Thereafter, the police arrested the applicant and on his confessional statement the applicant has been falsely implicated in this case. In the confessional statement of applicant, it has come that the co accused Vijay Harijan and Sandeep fired upon the deceased. The applicant had not caused any injury to the deceased. This is a case of circumstantial evidence. The chain of circumstance is not complete. There is no eye witness of the alleged occurrence. It has been further submitted that the co -accused Surendra Singh having identical role has already been released on bail by another bench of this court vide order dated 20.7.2018 in Cr. Misc. Bail Application No. 25753 of 2016, therefore, applicant is also entitled for bail on the ground of parity. Criminal history of the applicant has been explained in paragraph no. 29 of the affidavit filed in support of bail application. The applicant is in jail since 7.12.2014.
Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that the co -accused Surendra Singh having identical role has already been released on bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Abhay Singh @ Golu involved in Case Crime No. 516 of 2014 (S.T. No. 599 of 2015), under Section 147, 148, 149, 120-B, 307, 302 IPC 7 Criminal Law Amendment Act, Police Station Khorabad District Gorakhpur 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;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 30.5.2019 Gss