Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2544 of 2019 Applicant :- Pappu Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Radhey Shyam Shukla,Vipul Shukla Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
This case has been assigned by The Hon'ble The Chief Justice vide order dated 18.01.2019.
Heard learned counsel for the applicant and Sri R.K Singh (B.H.) appearing for the State, and perused the record.
According to prosecution case, FIR was lodged against five persons namely, Sunil Singh, Pappu Singh, Satis Singh, Lalla Singh and Deepu Singh alleging that on 27.5.2018 at 10:30 night they shot fire at Ravi Singh. He received gunshot injury(entry and exit wound) and died resultantly.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 2.8.2018 (more than five months) one case of criminal having has been explained. He has been falsely implicated. Co-accused Lalla @ Raghvendra and Deepu Singh have already been enlarged on bail by coordinate Bench of this Court vide order dated 1.11.2018 and 5,12,2018 passed in Criminal Misc. Bail Application No.41646 of 2018 and 45287 of 2018 and case of this applicant is identical to co- accused who have been enlarged on bail and the applicant is also entitled to bail on the ground parity. The incident is of night. Nobody has seen the incident. This fact was surfaced that injury caused to the deceased was specifically assigned to co- accused Satish Singh. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the case of the applicant is idetical to the case of co-accused Lalla @ Raghvendra and Deepu Singh who have been enlarged on bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Pappu Singh involved in Case Crime No.175 of 2018, under Section 147, 148, 149, 302, 504 IPC, Police Station Madnapur, District Shahjahanpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 21.1.2019 OP