Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40177 of 2019 Applicant :- Sukhveer Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Tufail Hasan Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri P.K. Rai, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against six accused persons, namely, Amar Singh, Virendra Singh, Shivraj, Sukhveer, Jayuprakash and Brahmnand alleging that on 28.1.2019 at 4:00 A.M in the morning they assaulted Anuj and Brajmohan. Anuj received four injuries (lacerated wound, contusions and abrasions) and died. Bloodstained axe used in the crime was recovered at the pointing out of co-accused Amar Singh.
Learned counsel for the applicant submitted that co- accused namely Shivraj Singh and Jai Prakash have already been granted bail by this Court vide orders dated 30.7.2019 and 26.8.2019 in Criminal Misc. Bail Application Nos. 30335 of 2019 and 34392 of 2019, since the role of the applicant is not distinguishable with the role of co- accused, therefore, the applicant is also entitled for bail. The applicant has been falsely implicated in this case and is languishing in jail since 7.6.2019 (more than three and half months) criminal history of one case has been properly explained. General role has been assigned against all persons except co-accused Amar Singh. The case of applicant is distinguishable from co-accused Amar Singh. No incised wound was found on the body of the deceased. Deceased died receiving injury on head. There is no independent witness against the applicant. The incident is of morning at 4:00 A.M. Nobody had seen the incident. Due to previous enmity and suspicion F.I.R. was lodged after thought and due legal consultation. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. as well as learned counsel for the complainant 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 Sukhveer Singh involved in Case Crime No. 13 of 2019, under Section 147, 148, 149, 323, 302, 506, 34 IPC, Police Station-Aunchha, District- Mainpuri 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 A. Singh