Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41838 of 2018 Applicant :- Sukhveer Singh And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicants contend that the applicants have been falsely implicated; that upon investigation, no evidence could be collected against the applicants and so they were not charge sheeted; that during trial, on application under Section 319 Cr.P.C., the applicants were summoned for trial together with co- accused persons vide order dated 23.06.2018, copy of order annexed as annexure no. 10; that the charge sheeted co-accused persons Jaiveer Singh, Omveer Singh, Ramveer Singh and Vinod have been granted bail by this Court vide order dated 06.06.2012, 24.07.2012, 24.07.2012 and 07.08.2012 passed in Criminal Misc. Bail Application Nos. 14083 of 2012, 18319 of 2012, 18320 of 2012 and 19803 of 2012 respectively, copies collectively filed as Annexure No. 13; that the applicants did not participate in the incident in question; that in view of the bail granted to charge sheeted co-accused persons, the applicants are also entitled for bail; that the applicants have no criminal history; that the applicants undertake that they will not misuse the liberty of bail; that the applicants are in custody since 18.09.2018.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment, grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicants Sukhveer Singh and Pramod Singh @ Amit Singh be released on bail in Case Crime No. 114 of 2012, under Section 302 I.P.C., P.S. Nigohi, District Shahjahanpur on furnishing a personal bond and two surety each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicants will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that they are abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicants will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicants will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.
Order Date :- 26.11.2018 M. ARIF