Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11033 of 2019 Applicant :- Lala Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Sushil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today is taken on record.
Heard Sri Sushil Kumar, learned counsel for the applicant, Smt. Ladlee Pandey, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged against three accused persons namely, Munna @ Kunwar Bahadur Singh, Malkhan and Lala alleging that on 23.8.2018 at 11 p.m., they shot fire at Sudhar Singh (father of complainant), he received one gunshot injury, resultantly died. During investigation, countrymade pistol with cartridge used in the crime was recovered at the pointing out of applicant.
It is submitted by learned counsel for the applicant that co-accused namely Malkhan Singh and Munna Kunwar Bahadur Singh have already been granted bail by co-ordinate Bench of this Court vide order dated 30.1.2019 and 11.2.2019 in Criminal Misc. Bail Application Nos. 3977 of 2019 and 5601 of 2019, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail on the ground of parity. The applicant is innocent and has been falsely implicated in the present case. There is no independent witness and no legal evidence against the applicant. Incident took place at night, nobody has seen the incident. He is languishing in jail since 2.9.2018 (near about eleven months) criminal history of one case has been properly explained, applicant is on bail and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail and submitted that statement under Section 161 Cr.P.C. of injured/deceased Sughar Singh was recorded, he stated that three persons shot fire at him and applicant armed with Katta. Main role of firing was assigned to applicant. The case of applicant is distinguishable from co-accused Malkhan Singh and Munna Kunwar Bahadur Singh who have already been granted bail by co-ordinate Bench of this Court. Countrymade pistol with cartridge used in the crime was recovered at the pointing out of applicant, that was sent for ballistic expert opinion. Trial is going on. Offence is grievous in nature. Hence, he is not entitled for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence the bail application of applicant Lala Singh involved in Case Crime No. 231 of 2018, under Section 302 IPC, P.S. Khaga, District Fatehpur is hereby rejected at this stage.
It is expected from the court concerned to decide the trial expeditiously according to Section 309 Cr.P.C. on day to day basis, if there is no legal impediment.
A copy of this order be transmitted to the court concerned for necessary compliance.
Order Date :- 31.7.2019 A. Singh