Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer release the applicant on bail in Case Crime No. 305 of 2020, Under Section 120B, 504, 506, 323, 302, 307, 149, 148, 147 I.P.C., Police Station-Mardah, District-Ghazipur.
F.I.R. of this case has been lodged by the informant against the six named accused persons including the applicant on 20.10.2020 at about 00.15 hours. It is mentioned in the F.I.R. that the incident took place on 19.10.2020 at 17:10 hours. It is alleged in the F.I.R. that at the time of the incident the named accused persons armed with weapons, pistol, lathi-danda assaulted on them. Co-accused Atul [email protected] Nanhe Singh and Khush Narayan Singh fired with pistol in their hands. His uncle Anil Singh and informant sustained fire-armed injuries and they fell down. The applicant and co-accused Jagdish were beating with lathi-danda. The passerby Harikesh had also sustained gun shot injuries. Injured Anil Singh succumbed to firearm injuries.
Learned counsel for the applicant submitted that applicant is an innocent person and has been falsely implicated only due to enmity. At the time of the incident, applicant was at his work place in Disrict-Jaunpur which is about 105 kilometers from the place of the occurence. As per Post-mortem report, deceased died due to firearm injuries and as per injury report of the informant, the informant sustained only fire-arm injuries. According to the prosecution version, fire was opened by the accused persons Atul and Khush Naryan Singh with pistol in their hands. Applicant has not been assigned role of causing firearm injury to any one. No incriminating material has been recovered from the possession of the applicant. Learned counsel for the applicant further submits that applicant is not having any criminal antecedent and he is languishing in jail since 01.11.2020.
Learned A.G.A. opposed the prayer for bail of the applicant but could not dispute the aforesaid fact.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail.
Let the applicant- Amit Singh @ Prince Singh involved in aforesaid crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court and shall make a declaration of such verification in writing.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 12.2.2021 Sachin