By means of this application, the applicant, who is involved in Case Crime No.98 of 2020, under Sections - 147, 148, 149, 302, 307, 323, 504, 506 I.P.C., Police Station - Kudwar, District - Sultanpur, is seeking enlargement on bail during the trial.
According to the version in the F.I.R. dated 10.03.2020 is that at about 11.30 AM Amit Kumar was coming from his home to the shop, then all the named accused persons and one unnamed person started beating the deceased and when Heeralal and Nanhkau reached the spot to prevent the fight, co-accused persons namely, Gorakhnath Singh and Little Singh opened fire upon them, which resulted into death of Heeralal at the spot and during treatment Nankhau @ Ram Kishor also succumbed to his injuries.
Learned counsel for the applicant has submitted that the applicant and his family members have been implicated in the present case. It is further submitted that there are general allegations mentioned in the F.I.R. as well as in the statements of the witnesses. There is no specific role assigned to the applicant, whereas the role of firing has specifically been assigned to co-accused Gorakhnath Singh and Little Singh. It is further submitted that the cause of death of Heeralal as shown in the post-mortem report is due to firing and the specific role of firing has been assigned to co-accused Gorakhnath Singh and Little Singh. It is further submitted that the general role of beating by Lathi, Danda and Sariya has been assigned to the applicant and other co-accused persons except co-accused Gorakhnath and Little Singh, as per the postmortem report the cause of death of Nankhau @ Ram Kishor has been shown due to anti mortem injuries, so it is very difficult to ascertain who is the author of the injury by which Nankhau @ Ram Kishor had succumbed to his injuries. It is further submitted that as per version in the F.I.R. the applicant and co-accused persons were beating Amit Kumar, whereas there is no medical examination of Amit Kumar. It is further submitted that there is enmity between the family members, due to which the whole family members have been made accused in the present case. It is further submitted that the chargesheet has already been filed in this case and there is no apprehension that the applicant will tamper the evidence and witnesses of the case. It is further submitted that the applicant is innocent and is having no criminal history and is languishing in jail since 03.06.2020.
On the other hand, learned A.G.A. and learned counsel for the complainant have opposed the prayer for grant of bail and has submitted that it is a broad day light murder case and from the F.I.R. and the statement of the informant, the offence is made out against the applicant, but unable to dispute the submission made by learned counsel for the applicant, particularly that no specific role has been assigned to the present applicant, so it is very difficult to ascertain that who is author of the injury due to which Nankhau @ Ram Kishor had succumbed to his injuries and the specific role of firing has been assigned to co-accused Gorakhnath and Little Singh.
After hearing the submissions made by the learned counsel for the parties and examining the material available on record, keeping in view the nature of offence and totality of facts and circumstances of the case, I am of the view that the applicant has made out a fit case for grant of bail. Hence, the bail application is hereby allowed.
Let applicant (Chandrashekhar Singh @ Vishal Singh) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
(i) The applicant shall however, co-operate and attend the proceedings at every stage without seeking unnecessary adjournments just to prolong the proceedings.
(ii) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(iii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(iv) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 26.8.2021 S. Kumar