Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40345 of 2019 Applicant :- Shivam Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri R.K. Singh (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against five accused persons, namely, Ashwani @ Avanish Singh, Vivek Singh, Shivam Singh, Ashish @ Golu and Vishal Mall alleging that on 15.5.2019 (time unknown) father of the complainant Baldhar Singh was killed. According to postmortem report, one injury was found on the body of the deceased.
Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case and is languishing in jail since 27.5.2019 (more than four months) having no criminal history. General allegation is made against the applicant. Only one injury was found on the body of the deceased. It is not clear who is author of that injury. The deceased was killed in the night and on the basis of suspicion an F.I.R. was lodged. Motive is only against Ashwani @ Aanish Singh. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
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 the applicant Shivam Singh involved in Case Crime No.
208 of 2019, under Section 147, 302 IPC, Police Station- Rampur Karkhana, District-Deoria 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 :- 27.9.2019 OP