Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20371 of 2018 Applicant :- Nar Singh @ Jay Pal Opposite Party :- State Of U.P. Counsel for Applicant :- Lakshmi Kant Pandey,A.K.S.Parihar,Birendra Singh,Mahendra Pratap Singh,Mata Achal Mishra,Ravi Shankar Vishwakarma,Vindhyachal Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Counter affidavit filed today by learned AGA is taken on record.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Nar Singh @ Jay Pal, with a prayer to release him on bail in Case Crime No. 311/2015, under Sections 302, 504, 506 IPC, Police Station Panki, District- Kanpur Nagar, during pendency of trial.
Submission of learned counsel for the applicant is that the applicant along with three other accuseds, namely, Bhagwan Singh, Shankar Singh, and Kallu, were implicated in this case. Subsequently, the Investigating Officer exonerated the other co- accuseds and only applicant was charge-sheeted and the specific role was assigned to him, of causing injury to deceased by spade. It has been submitted by learned counsel for the applicant that the prosecution has filed an application under Section 319 Cr.P.C., wherein it has been stated that the three co- accused mentioned above were wrongly exonerated by the Investigating Officer and at the time of incident co-accused, Bhagwan Singh was having axe, Shankar Singh was having a country made pistol and co-accused, Kallu was having a lathi and the applicant was having spade. All of them caused injury to the grand-father of the informant, which resulted in his death. It has further been submitted by learned counsel for the applicant that the other co-accuseds were wrongly exonerated by the Investigating Officer. Learned counsel for the applicant also submitted that now the prosecution case, which clearly alleged that only the applicant caused the vital injury by spade stands contradicted and co-accused, Bhagwan Singh, has also been alleged in the application under Section 319 Cr.P.C., that he was carrying an axe, therefore, it cannot be said that the injury by sharp edged weapon was caused by the applicant, who was alleged to have used spade for causing the vital injury to the deceased. Now, the factual position is that there are two accuseds, who were having weapons, which may were caused incised wounds namely axe and spade. The application of the prosecution under Section 319 Cr.P.C., has been allowed on 27.03.2017 and only five prosecution witnesses have been examined till date. There are nine witnesses of prosecution yet to be examined and the trial is not likely to be concluded in near future. The conduct of the prosecution itself has shown that their case is not reliable. Applicant has been falsely implicated in the present case with some ulterior motive. He does not have any criminal history to his credit. The applicant is languishing in jail since 24.09.2015. In case, the applicant is released on bail, he will not misuse the liberty of bail.
It is stated by learned AGA in counter affidavit that the main role has been assigned to the applicant in the FIR, and therefore, he does not deserves to be enlarged on bail. It has further been submitted by learned AGA that the application of prosecution has only been allowed under Section 319 Cr.P.C., but the role of the co-accuseds alleged is yet to be proved.Learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.9.2019 S.K.