Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51884 of 2019 Applicant :- Janved Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri Sushil Kumar Chaturvedi, Advocate, has filed his Vakalatnama on behalf of complainant, which is taken on record.
Heard learned counsel for the applicant, learned AGA as well as leaned counsel for complainant and perused the record.
Learned counsel for the applicant submits that the F.I.R has been lodged against the three persons including the applicant making general allegation for committing marpeet with the deceased.The allegation against the applicant and other co- accused is that they set fire the hut of the informant. No specific role has been assigned to the applicant. In the statement of informant Uday Singh, it has come that spade was in the hands of co-accused Vedpal.The main role of causing fatal assault has been assigned to co-accused Vedpal and the recovery of spade has been shown on his pointing out. It has further been argued that the applicant has not committed the alleged offence. He has falsely been implicated in the present case. Co-accused Ummed Singh having identical role has already been granted bail by another Bench of this Court vide order dated 14.10.2019 passed in Crl. Misc. Bail Application No. 38885 of 2019., therefore, the applicant is also entitled for bail on the ground of parity. There is no criminal history of the applicant and is in jail since 5.7.2019.
Per contra, learned AGA as well as learned counsel for complainant opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Ummed Singh having identical role has already been granted 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 Janved Singh involved in Case Crime No.62 of 2019, under Section 436 and 304 IPC, Police Station Kheda Rathaur, District Agra 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 :- 27.11.2019 G.S