Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2601 of 2019 Applicant :- Sunil Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Vipul Shukla,Radhey Shyam Shukla Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contends that applicant has been falsely implicated; that as per averments made in FIR, applicant and 4 others armed with unauthorized firearms abused Ravi Singh and fired at him resulting in his death on spot at 10:30 p.m. on 27.05.2018; that postmortem report of deceased states that he sustained single gun shot injury on his chest which was cause of his death and no other injuries alleged to have been sustained by deceased; that applicant has not been assigned with any specific role of causing solitary gun shot injury to deceased; that applicant may not be considered to be author of gun shot injury; that it is alleged that fire made by co-accused Satish Singh hit deceased, and case of applicant is distinguishable from co-accused Satish Singh; that co-accused Lalla and Deepu have been granted bail by other Benches of this Court vide orders dated 01.11.2018 and 05.12.2018 passed in Criminal Misc. Bail Application Nos. 41646 of 2018 and 45287 of 2018, copy of order filed at Annexure 12 and copy of order has been produced for perusal which is taken on record; that applicant has explained his criminal history in para 25 and 26; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 13.06.2018.
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 applicant Sunil Singh be released on bail in Case Crime No. 175 of 2018 under Sections 147, 148, 149, 302, 504 I.P.C., P.S. Madnapur District Shahjahanpur on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant 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 he is 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 applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant 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 applicant to prison.
Order Date :- 22.1.2019 M. ARIF