Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9457 of 2018 Applicant :- Siddharth Singh @ Shilpi Opposite Party :- State Of U.P.
Counsel for Applicant :- Samit Gopal,Manu Sharma Counsel for Opposite Party :- G.A.,Abhay Kumar Singh,Akhilesh Kumar Dwivedi
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Akhilesh K. Dwivedi, learned Advocate on behalf of informant is taken on record.
Heard Sri G.S. Chaturvedi, learned Senior Advocate assisted by Sri Samit Gopal and Sri Manu Sharma, learned Advocates for the applicant, learned counsel for the complainant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged on 27.6.2017 alleging that on 26.6.2017 Siddharth Singh shot fire at Vivek Singh @ Shani with the help of other accused namely, Manoj Singh, Narendra Kushwaha and Raju. Vivek Singh @ Shani died resultantly.
It is submitted by learned counsel for the applicant that there is no direct evidence against the accused. He is innocent and has been falsely implicated in the present case. No specific role has been assigned to the applicant in the FIR. After one month of incident two witnesses namely Vicky Singh and Ram Prasad Yadav stated falsely that they were eye witnesses and had seen the incident, and this accused Sidddharth Singh had shot fire at deceased. Story of prosecution is wholly unreliable. Deceased and all accused were friends and how can they kill Vivek Singh @ Shani. Deceased received five firearm injuries on his body and it is unnatural that friends would have caused such injuries to him. The applicant is languishing in jail since 2.7.2017(more than nine months) having no criminal history; he has been falsely implicated in the present case; 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 and submitted that deceased received five firearm injuries. There are two eye witnesses and at the time of incident when mother of deceased made a mobile call to her son Vivek Singh @ Shani to know his whereabouts, then he informed that this applicant alongwith other accused were assaulting him and thereafter he was found dead. Revolver used in the incident has been recovered at the pointing out of this accused applicant. Bail of co-accused Raju @ Amar Deep has been rejected by coordinate Bench of this Court vide order dated 29.1.2018 passed in Criminal Misc. Bail Application No. 2888 of 2018. It is a case of brutal murder. Deceased received ten firearm injuries, four abrasion and one contusion.
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, in my opinion, no case for bail is made out at this stage.
The bail application of applicant Siddharth Singh @ Shilpi involved in Case Crime No.591 of 2017, under Sections 302, 201, 120-B and 34 IPC, Police Station Dhoomanganj, District Allahabad, is hereby rejected.
Order Date :- 24.4.2018 P.P.