Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48575 of 2018 Applicant :- Kishan Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamlesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused-applicant Kishan Singh , who is involved in Case Crime No. 591 of 2017, under Sections 147, 148, 149, 302, 120B IPC, Police Station - Devbandh, District - Saharanpur.
It is contended by learned counsel for the applicant that applicant is not named in the F.I.R and he has been made accused in this case only on the basis of confessional statement of co-accused Phoolmiyan who has already been enlarged on bail. He further contended that after one year of occurrence false recovery of country made pistol (katta) has been shown by the police from the possession of applicant. Applicant has one criminal antecedent in which he has on bail which is explained in para 13 of the affidavit. He further contended that co-accused Phoolmiyan, Meer Hasan and Manoj Pandey have been admitted to bail vide order passed in Criminal Misc. Bail Application No. 46172 of 2018 dated 12.12.2018. Hence, the present applicant is also entitled to be admitted to bail on the ground of parity.
Per contra, learned A.G.A. has opposed the prayer for bail. However, admitted this fact that applicant has been made accused in this case only on the basis of confessional statement of accused Phoolmiyan before the police.
Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail. Let the applicant- Kishan 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 C.J.M./Magistrate, concerned.
Application stands allowed.
Order Date :- 20.12.2018 VG..