Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7728 of 2019 Applicant :- Shiv Ram Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Jai Shanker Audichya,Yatindra Dubey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State and perused the record.
According to the prosecution case, the F.I.R. was lodged for the offence under Section 460 IPC against unknown person alleging that on 20.7.2018 at 1.00 a.m., he looted Rs. 90,000/- and household articles as gold and silver and killed Kuwar Singh (father of complainant Shivratan) by shot fire. During investigation, it was found that brother of complainant Shiv Ram Singh killed his father. After death, that was converted under Section 302 IPC. On 26.8.2018, applicant Shiv Ram Singh was arrested by the police, he confessed the offence stated therein that he killed his father by shot fire; he purchased three bhigha land and Rs. 90,000/- was unpaid. He requested to his father to pay the said money; he denied due to which he shot fire at his father.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present. Applicant was not named in the F.I.R. During investigation, the name of applicant was surfaced. One countrymade pistol was recovered from open place after one month and three days. Four witnesses of facts have been examined before the court, they have not supported the prosecution case and turned hostile. 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 26.8.2018 (near about six months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and submitted that applicant killed his father by shot fire. Country-made pistol used in this crime was recovered from the possession of applicant. Trial is going on. He has committed murder of his real father for money. Offence is grievous in nature. So-call hostile witnesses are family members of applicant, hence he has not taken benefit of that hostility. Hence, he is not entitled for bail.
Considering the submissions 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 not a fit case for bail. Hence the bail application of applicant Shiv Ram Singh involved in Case Crime No. 349 of 2018, under Section 302 IPC, P.S. Gursahaiganj, District Kannauj is hereby rejected at this stage.
It is directed to the court concerned to decide the case expeditiously according to Section 309 Cr.P.C.
A copy of this order be transmitted to the court concerned for necessary compliance.
Order Date :- 25.2.2019//A. Singh