Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37655 of 2017 Applicant :- Mukul Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajeev Kumar Singh,Jitendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Brij Raj Singh, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Mukul Singh in Case Crime No.162 of 2016, under Sections 147, 148, 149, 307, 302, 504, 506/34 I.P.C. and 7 Criminal Law Amendment Act, Police Station Sungarhee, District-Kasganj with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that three persons lost life from the side of the prosecution and two persons died from the defence side. It is stated that there was dispute between the parties over a piece of land over which both of them were claiming possession. The time, date and place of the incident is admitted to both the parties. At this stage, it cannot determined as to which party was an aggressor. He has further submitted that in fact the prosecution has suppressed the genesis and origin of the incident and has not offered any explanation whatsoever regarding the death of two persons from the applicant's side. It is stated that 11 persons were named as accused in the present case out of whom 10 have been granted bail. It is pointed out that similarly placed co-accused-Khushiram and Netrapal have been granted bail by this Court in Criminal Misc.Bail Application Nos.26064 of 2017 and 28133 of 2017 vide orders dated 31.7.2017 and 9.8.2017. So, the applicant who is in jail since 22.12.2016 also deserves to be released on bail.
Per contra, learned AGA has strongly opposed the prayer for grant of bail to the applicant and submitted that the applicant has chequered history of 23 cases, to which learned counsel for the applicant has stated that except present case under Section 302 I.P.C., rests cases are of minor nature and some of them are under Section 307 I.P.C. which are of police encounter cases without any injury which have been explained in the supplementary affidavit filed by learned counsel for the applicant.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties and specifically there are cross cases and lives have been lost from both the sides, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Mukul Singh, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 31.10.2018/MN/-