Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17358 of 2019 Applicant :- Shaitan Singh @ Kaptan Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Abhishek Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
This bail application has been moved on behalf of the applicant Shaitan Singh @ Kaptan Singh who is involved in Case Crime No. 222 of 2018, under sections 147, 148, 149, 302 IPC, P.S. Sahaswan, District Budaun.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the informant Jai Prakash is not eye witness of the alleged incident. The FIR of the alleged incident was lodged by Jai Prakaksh on 22.5.2018 at 15.42 hours alleging therein that on 22.5.2018 at about 1.00 P.M. the applicant reached at the house of informant by motor cycle and took away his son Omkar Singh (deceased) to his house where other co-accused namely Kewal @ Hero, Pintu, Pervez and brother-in-law of the applicant were also present. The applicant and other co-accused tried to snatch the money, mobile phone and one golden chain from the deceased. When the deceased opposed the other co-accused caught hold the deceased and the applicant fired upon the deceased due to which he died. The dead body of the deceased was found in the house of the applicant. It has further been submitted that one Tejpal is said to be the eye witness of the alleged incident. In his statement it has come that he heard the sound of firing while he was passing infront of the house of the applicant. Except this there is no other cogent evidence against the applicant. The recovery of a country made pistol of 315 bore has been planted against the applicant. It has further been submitted that other co-accused persons have already been released on bail, therefore, the applicant is also entitled for bail. The applicant has no criminal history and is in jail since 25.5.2018.
Per contra; learned A.G.A. has opposed the prayer for bail and argued that in FIR it has been mentioned that the applicant reached at the house of the deceased and took him away to his house where ,he committed the murder of the deceased. The main role of causing injury to the deceased with firearm has been assigned to the applicant. The dead body of the deceased was found in the house of the applicant. The applicant is main accused who has committed the murder of the deceased, therefore, the applicant is not entitled for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I am not inclined to release the applicant on bail.
Consequently, the prayer for bail of the applicant Shaitan Singh @ Kaptan Singh is hereby refused and the bail application is rejected.
Order Date :- 25.4.2019 A.