Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28610 of 2019 Applicant :- Chandra Pratap Singh @ Kallu Opposite Party :- State Of U.P.
Counsel for Applicant :- Jitendra Partap Singh Counsel for Opposite Party :- G.A.,Aditya Kumar Yadav
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Ashanjal Singh, Advocate holding brief of Sri Aditya Kumar Yadav, learned counsel for the complainant as well as Sri Mayank Mishra, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against five accused persons, namely Pankaj Singh, Umakant Singh, Kaushal Singh, Sritaj Singh and Kripal Singh alleging that on 14.2.2019 at 11 p.m. they shot fire at Devi Charan, he received two gunshot injuries, resultantly died. During investigation, statement of accused Pankaj Singh was recorded, he stated that he shot fire Devi Charan one time and Rinku shot two fires at Devi Charan. Countrmade pistols used in this crime were recovered at the pointing out of Pankaj Kumar and Rinku.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There is general allegation against the applicant. There is no independent witness and no legal evidence against the applicant except the confessional statement of co-accused Pankaj Singh before the police personnels. Main role of firing was assigned to co-accused Pankaj Singh and Rinku. The case of applicant is distinguishable from co-accused Pankaj Singh and Rinku. Applicant was not named in the F.I.R. the name of applicant was disclosed by co-accused Pankaj Singh in his confessional statement before the police personnels. Applicant is good player inter State level of volleyball Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 20.6.2019 (more than one month) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant opposed the prayer for bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Chandra Pratap Singh @ Kallu involved in Case Crime No. 21 of 2019, under Sections 302, 120-B IPC, Police Station Dhanapur, District Chandauli be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 25.7.2019 A. Singh
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28610 of 2019 Applicant :- Chandra Pratap Singh @ Kallu Opposite Party :- State Of U.P.
Counsel for Applicant :- Jitendra Partap Singh Counsel for Opposite Party :- G.A.,Aditya Kumar Yadav
Hon'ble Aniruddha Singh,J.
Affidavit of compliance filed today is taken on record.
In compliance of order dated 18.7.2019, Santosh Kumar Singh, Superintendent of Police, Chandauli has filed his personnel affidavit stating therein that an inquiry was conducted against erring officials and a general circular has been issued to all concerned officers/ officials on this issue and warned for future. He also tendered unconditional apology for inconvenience caused to the Court Explanation is satisfactory.
It is expected that he will take care in future. There is no need to take any further action. Order Date :- 25.7.2019 A. Singh