Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3977 of 2019 Applicant :- Malkhan Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Sushil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Vakalatnama filed by Sri P.S. Yadav, Advocate on behalf of first informant is taken on record.
Heard learned counsel for the applicant, learned counsel for the first informant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that applicant has been falsely implicated for committing murder of Sughar Singh in the night of 23.8.2018 at about 11:00 p.m. when he was sleeping outside the house; that neither first informant nor victim Sughar Singh in their statements under Section 161 Cr.P.C. have assigned any specific role of firing to applicant; that regarding the incident in question F.I.R. was lodged under Sections 307, 504, 506 I.P.C. and applicant was granted bail by this Court vide order dated 27.10.2018 passed in Criminal Misc. Bail Application No.41081 of 2018, copy at Annexure-7; that on 27.10.2018 death of injured did take place and upon autopsy of his body cause of death was opined due to septicaemia and shock as a result of ante-mortem injury; that applicant may not be considered to be author of fatal gun shot injuries sustained by deceased; that learned Sessions Judge has acted wrongly in rejecting his bail application in added Section of 302 I.P.C. which was added upon death of Sughar Singh; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 2.9.2018.
Learned A.G.A. and learned counsel for the first informant vehemently opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Malkhan Singh be released on bail in Case Crime No.231 of 2018, under Section 302 I.P.C., P.S. Khaga, District Fatehpur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 30.1.2019 Kpy