Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15222 of 2018 Applicant :- Shekhar Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhiraj Singh,Surya Pratap Singh Parmar Counsel for Opposite Party :- G.A.,Pankaj Dwivedi
Hon'ble Aniruddha Singh,J.
Shri Pankaj Dwivedi, Advocate has filed vakalatnama on behalf of complainant today which is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged on 19.10.2017 against four accused, namely, Jhalaru Singh, Vishal Singh, Gabbar Singh & Shekhar Singh alleging that on 19.10.2017 at 5:00 p.m. they assaulted Nirendra Kumar Shukla, Ajay and Abhishek; co-accused Vishal Singh shot fire to Nirendra Kumar Shukla, subsequently he died.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case due to previous enmity; the specific role has been assigned to co-accused Vishal Singh; the role of this accused has been assigned to use stick (lathi) and (danda); there is a cross case of case crime no. 0852 of 2017, under Sections 147, 148, 149, 342, 323, 504, 506, 307 I.P.C.; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 31.10.2017 (more than five months) having no criminal history. co-accused Shivdeo Singh @ Jhalaru Singh has been enlarged on bail by this Court vide order dated 3.4.2018 passed in Criminal Misc. Bail Application No. 12124 of 2018 and case of this accused is identical to him.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused and his case is identical to Shivdeo Singh @ Jhalaru who has been enlarged on bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let applicant Shekhar Singh involved in the Case Crime No. 0659 of 2017, under Sections 452, 323, 504, 506, 386, 302, 307, 34 I.P.C., P.S. Meja, District Allahabad be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 :- 24.4.2018 P.P.