Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30338 of 2015 Applicant :- Suryajeet Singh @ Bhullar Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Singh,Mrityunjay Dwivedi,Sushil Kumar Rao Counsel for Opposite Party :- Govt. Advocate,S.K. Mathur
Hon'ble Ram Surat Ram (Maurya),J.
Supplementary affidavit and counter affidavit filed today are taken on record.
Although list has been revised but no one is appearing for the complainant. Heard Sri O.P. Singh, Senior Advocate assisted by Sri Sushil Kumar Rao, for the applicant and Additional Government Advocate for the State.
Suryajeet Singh @ Bhullar (applicant) is in jail since 02.06.2015 in connection with Case Crime No.523 of 2015, under Section 302, I.P.C. and Section 3(2)(5) of S.C. & S.T. Act, P.S. Shahganj, district Jaunpur.
F.I.R. of the incident was lodged by Ramajor brother of the deceased Surjeet on 29.5.2015 at 5-35 hours. In the F.I.R. it has been stated that the deceased used to drive tractor. On 28.5.2015 at about 12-00 hours, when Surjeet was coming back to his house at that time on the bridge of Kunwar River some unknown persons had shot him dead. The Tractor and trolley were standing there. Later on during investigation statement of Smt. Sumitra Devi, wife of the deceased Surjeet was recorded, in which she had stated that earlier the deceased was driving the tractor of Suryajeet Singh @ Bhullar but due to low payment he left his service and began to drive the tractor of Rajendra Bind son of Santlal Bind, R/o Bharora, P.S. Shahganj, district Jaunpur due to which some days ago from the incident, the accused Suryajeet Singh @ Bhullar came at her house and abused her husband and also extended threats to kill him. On the date of incident i.e. 28.5.2015 her husband was driving tractor and Virendra Chauhan son of Harihar Chauhan, R/o Kopa, P.S. Shahganj, district Jaunpur was sitting on the seat of tractor. When the tractor reached on the bridge of Kunwar river Suryajeet Singh @ Bhullar son of Kapildeo Singh and Shubham son of Suryajeet Singh @ Bhullar came there on motorcycle, overtook the tractor, got it stopped and shot her husband dead through fire arm. The statement of Virendra Chauhan only alleged eye witness of the incident was recorded in the court as PW-5, who did not support the prosecution story and has been declared as hostile.
The counsel for the applicant submits that apart from suspicion there is nothing against the applicant. The applicant is in jail for more than three years. Therefore, he is entitled for bail.
A.G.A. has opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment 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. The application is allowed.
Let the applicant Suryajeet Singh @ Bhullar accused in Case Crime No.523 of 2015, under Section 302, I.P.C. and Section 3(2)(5) of S.C. & ST. Act, P.S. Shahganj, district Jaunpur, be enlarged on bail upon furnishing a personal bond and two sureties, each in the like amount to the satisfaction of magistrate/court concerned, subject to the following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
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 :- 26.7.2018 mt