Court No. - 25
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2615 of 2019 Applicant :- Mansingh Opposite Party :- State Of U.P.
Counsel for Applicant :- Krishna Dutt Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Supplementary affidavit filed by learned counsel for the applicant and Vakalatnama filed on behalf of the informant today in the court are taken on record.
This bail application has been moved by the applicant Man Singh in Case Crime No. 211 of 2018, u/s 147, 148, 149, 302, 452, 504 I.P.C. and 7 Criminal Law Amendment Act, P.S. Kulpahar, District Mahoba.
Heard learned counsel for the applicant, learned AGA representing the State and Sri Anil Srivastava, learned counsel for the informant. Perused the record.
Learned counsel for the applicant has argued that the role assigned to the present accused -applicant is of giving firearm wound over hand of the deceased and it was not fatal. During investigation the first informant and other witnesses have clearly stated that co-accused Baua alias Pradeep had given firearm shot over the head of the deceased whereas the present accused-applicant had fired on the hand of the deceased. Postmortem report does not corroborate the prosecution version. The bail application of co-accused Param Lal was allowed by this Court on 29.11.2018. No incriminating article was recovered from the possession of the applicant or on his pointing out. He is in jail since 5.9.2018. Bail has been prayed for.
Learned AGA has opposed the bail application by contending that co-accused Param Lal was assigned the role of exhortation whereas the applicant has been assigned the role of giving firearm shot. He has a vast criminal history, therefore, he is not entitled for bail.
The very perusal of the first information report reveals that it was lodged after having information from Nidhi to her maternal grandfather, who along with other family members had rushed on the spot where he found the dead body of his son inside the house of his daughter and the occurrence was narrated to him. In the instantly lodged report there is a mention of previous incident of 29.8.2018 of 7.00 P.M. in which threat of dire consequences along with abuse was extended by Param Lal and his both sons Baua alias Pradeep and the present applicant Man Singh. In execution of above threat this occurrence of broad daylight of murder by doing criminal trespass in the house of Suman was committed by all those three named accused persons. Giving of firearm shot over head of the deceased by Baua alias Pradeep and firearm shot over hand by the present accused-applicant have been said in the F.I.R. The same is the contention in the statements recorded u/s 161 Cr.P.C. of each eyewitness. Inquest and autopsy examination report reveals close range firearm shot over head with blackening over face etc. as well as firearm shot over hand along with laceration and this giving of firearm shots was under joint mensrea of those two sons Param Lal including the present applicant.
Hence, under all above facts and circumstances, vast criminal history, severity of punishment, heinousness of offence, likelihood of tampering of evidence, in case of release on bail, it is not a fit case for bail.
Rejected accordingly. Order Date :- 21.1.2019 Pcl