Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15543 of 2021 Applicant :- Kunwar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Tiwari Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Kunwar Singh in connection with Case Crime No. 358 of 2019, under Sections 308, 323, 325, 427, 504, 506 I.P.C., Police Station Chhibramau, District Kannauj.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State.
The submission of the learned counsel for the applicant is that in the assault a general role has been assigned to all the four accused where four victims have sustained injuries. Two of the victims have sustained grievous injuries and the other two simple injuries. It is urged that it is not at all evident as to who is the author of the grievous injuries caused to the two of the four victims. It is also argued that there is an unexplained delay of three days in lodging the first information report. Besides these submissions, learned counsel for the applicant has drawn the attention of the Court to the fact that two out of four co-accused, to wit, Vipin Kumar and Vinay Kumar have been enlarged on bail by Hon'ble Samit Gopal, J. vide order dated 03.03.2020 passed in Criminal Misc. Bail Application No. 9450 of 2020. The learned counsel for the applicant submits that since the applicant's role is at par with co-accused Vipin Kumar and Vinay Kumar , he is entitled to bail on the principle of parity. It is last submitted that the applicant has no criminal history as asserted in paragraph no. 22 of the affidavit and is in jail 26.02.2021.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that a general role has been assigned to the applicant, the fact that there is an unexplained delay of three days in lodging the FIR, the fact that co-accused Vipin Kumar and Vinay Kumar have been admitted to bail by this Court and the fact that the applicant has no criminal history, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Kunwar Singh involved in Case Crime No. 358 of 2019, under Sections 308, 323, 325, 427, 504, 506 I.P.C., Police Station Chhibramau, District Kannauj be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(viii) The Court/Authority/Official concerned shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
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 :- 7.4.2021 Brijesh Maurya