Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55160 of 2019 Applicant :- Allu @ Billu @ Shiv Veer Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Kuldip Singh Yadav, Shashank Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, Shri Kuldip Singh Yadav, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 57 of 2019 under Sections 395, 302, 412/34 of IPC, Police Station - Narkhi, District - Firozabad with prayer to enlarge the applicant on bail.
The report of this incident was got lodged by the complainant against unknown persons alleging therein that his father Raj Bahadur Singh went to sleep at Tube Well as usual on 25.02.2019 and in the intervening night of 25/26.02.2019 he was murdered by unknown thieves and complainant's tractor Sonalika bearing registration No. U.P. 83 J 6692 was also taken away by the thieves and dead body of his father was lying on the place of occurrence. The matter was investigated thereafter. During investigation name of Ram Khelari Singh @ Uncle, Monu Yadav @ Jhingga, Chhote @ Satendra Yadav, Praveen Kumar Yadav have surfaced and one tractor was recovered.
The learned counsel for applicant submits that the applicant has been falsely implicated in this case. He was not named in the First Information Report and his name has surfaced in the statement of Ram Khelari Singh @ Uncle who has been arrested in another case. Learned counsel for applicant submits that other co-accused namely Dileep @ Deepu and Monu Yadav @ Chinga have already been granted by bail in Criminal Misc. Bail Application No. 25372 of 2019 and 28434 of 2019 vide order dated 27.06.2019 and 17.07.2019 by another Benches of this Court, copies of their bail orders are annexed collectively as Annexure - 6 to the affidavit accompanying the application. Learned counsel for the applicant submits that the role assigned to the co-accused who have been admitted to bail, was similar to the role assigned to the present accused, therefore, the present accused also deserves bail on the ground of parity. It was lastly argued that the applicant is in jail since 04.09.2019 and if released, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail. But he could not dispute the factum of bail parity of the present accused with co-accused.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Allu @ Billu @ Shiv Veer Singh involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law;
(2). The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;
(3). In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 16.12.2019 LBY