Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49325 of 2018 Applicant :- Devendra Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
As per prosecution version, on 21.02.2018 at about 04:30 P.M., the applicant Devendra Singh and Baljindra Singh having two 'gadansa' in their hands took away the deceased Chanchal Singh from his motorcycle and later on they have started assaulting him with their respective weapons. Charan Jeet Singh also came there and assaulted deceased Chanchal Singh. It is contended by learned counsel for the applicant that PW-1 informant Satnaam Singh has not supported the prosecution version in his statement before the Court. He has clearly stated that he had not seen the alleged incident. It has further been submitted that the applicant is the grandson of the deceased. He has been falsely implicated in this case. The co-accused Charan Jeet Singh against whom there is allegation of committing marpit to the deceased with Gandasa has been granted bail by another Bench of this Court vide order dated 27.11.2018 in Cr. Misc. Bail Application No. 44655 of 2018, therefore, applicant is also entitled for bail. There is no criminal history of the applicant and is in jail since 22.2.2018.
Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that co-accused Charan Jeet Singh 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 Devendra Singh involved in Case Crime No.93 of 2018, under Section 302, 342 IPC Police Station Puranpur District Pilibhit 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 :- 21.12.2018 Gss