Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48253 of 2018 Applicant :- Swayambar Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Kumar Dixit,Rachana Singh Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Supplementary affidavit filed by learned counsel for applicant is taken on record.
Heard Sri Amit Kumar Dixit as well as Sri Rachana Singh, learned counsel for the applicant, Sri Ram Raksha Tiwari, along with C.P. Garg, learned counsel for first informant, learned A.G.A. and perused the record.
Learned counsel for applicant contends that applicant has been falsely implicated in FIR dated 26.04.2017 which has been lodged with inordinate delay regarding incident dated 25.04.2017; that as per averments made in FIR in the night of 25.04.2017 at about 08:00 p.m. when Shivkaran Singh was going to his home from his agricultural field, and when reached near house of Rambali Yadav, applicant and his two sons who were hiding there since before caught hold of him, and applicant fired at him which hit him on right thigh, upon which, he fell down on the ground and was taken to CHC, Banda then referred to Kanpur, and before reaching there, he succumbed to injuries; that entire prosecution story is absolutely false and incorrect; that applicant and his sons have been falsely implicated due to heavy enmity; that as per Annexure 4, death of Shivkaran Singh was reported by ward boy of District Hospital, Banda which shows that his was brought dead and allegations made in FIR are incorrect; that postmortem report of deceased states that he sustained single fire arm wound of entry over his right thigh and single exit wound, and his death was caused due to hemorrhage and shock as a result of ante-mortem injury; that fire arm injury allegedly caused by applicant was not caused on vital part of body; that co-accused persons i.e. sons of applicant, who were assigned with the role of catching hold and exhortation have been granted bail; that it is wrong to say that applicant caused fire arm injury to deceased; that applicant has explained his criminal history of 30 cases in supplementary affidavit, and in most of the cases he has been acquitted; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 29.04.2017.
Learned A.G.A. and learned counsel for first informant vehemently opposed the prayer of bail and contended that FIR has been lodged promptly after providing possible medical aid to injured Shiv Karan who life could not be saved; that murder of 34 years old young person was committed by applicant in a planned manner after hiding near the house of Rambali; that due to grievous fire arm injury and profuse bleeding and serious condition victim was referred to Kanpur, and on way to Kanpur, he died near bypass Banda on which his dead body was brought back to District Hospital Banda; that there is no reason for falsely implicating applicant; that case of co- accused Satyadev Singh and Dhandhoo Singh sons of applicant is distinguishable from applicant as they were assigned with the role of catching hold and exhortation only while main role of causing fatal fire arm injury has been arranged to applicant who is not entitled to bail on ground of parity; that applicant is a person of criminal antecedents and has long criminal history of over 30 cases; that trial is in progress and after completion of prosecution evidence, the statements of accused persons have been recorded under Section 313 Cr.P.C. and they are delaying the disposal of trial by getting it adjourned for defence evidence again and again; that applicant if released on bail, will abscond and defraud the trial.
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 do not find it a fit case for bail.
The bail application of applicant Swayambar Singh in Case Crime No. 63 of 2017 under Section 302 I.P.C., P.S. Bisanda District Banda is rejected accordingly.
Order Date :- 20.12.2018 M. ARIF