Heard learned counsel for the applicant, learned AGA and Shri Shiv Saran Singh, learned counsel appearing for the complainant.
By means of this application, the applicant, who is involved in Case Crime No. 453 of 2020, under sections 147,148,323,302/34 of the Indian Penal Code, Police Station Sidhauli, District- Sitapur is seeking enlargement on bail during the trial.
The submissions of learned counsel for the applicant is that the applicant is an innocent person, he has been falsely implicated in the case.
He further submits that according to FIR lodged on 22.11.2020 all the accused including the applicant named in the FIR had beaten the informant Sonu Singh and when his brother Sachin Singh came for his rescue, the accused persons had assaulted Sachin Singh with knife.
He further submits that as per the statement of informant/injured Sonu Singh and other witnesses namely Shiva, Amit, Vinod Singh and Punit have made specific allegation of causing injury to Sachin Singh whereas role of exhortation has been assigned to the applicant.Knife was recovered on pointing out of Rohit Rawat, the co-accused.
He further submitted that at the time of incident the applicant was aged about 15 years 5 months and 17 days. As such, the applicant is also liable for being granted the benefit of juvenile.
It is also submitted that the co-accused namely Arti and Govind Singh( who was also minor) have already been enlarged on bail by this Court vide order dated 02.08.2021 and 09.08.2021 passed in Bail Application Nos. 5279 of 2021 and 8393 of 2021 respectively to whom similar role of exhortation has been assigned. Thus, the present applicant is also entitled for bail on the ground of parity.
The applicant is in jail since 25.11.2020 and there is no apprehension that, if the facility of bail is granted to the applicant, he may flee from the course of law or he will not appear before the Court below. In case of being enlarged on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. and Shri Shiv Sharan Singh, learned Counsel appearing for the complainant has opposed the prayer for grant of bail and submitted that applicant is named in the FIR and he was involved in the crime However, they could not dispute the aforesaid facts as also that informant and other witnesses have assigned the role of exhortation to the applicant and co-accused Arti and Govind Singh, who have also been assigned the role of exhortation, has been released on bail by this Court.
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 and without entering into the merits of the case, I am of the view that the applicant has made out a fit case for grant of bail on the ground of parity with the co-accused Arti and Govind Singh . Hence, the bail application is allowed.
Let the applicant,Km. Kajal Singh @ Nidhi Singh, involved in Case Crime No. 453 of 2020, under sections 147,148,323,302/34 of the Indian Penal Code, Police Station Sidhauli, District- Sitapur be released on bail on furnishing personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
(i) The applicant shall, however, cooperate 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 :- 24.8.2021 Ashish