Court No. - 48
Criminal Misc. Bail Application No.1 of 2018 IN Case :- CRIMINAL APPEAL No. - 2636 of 2018 Appellant :- Teja @ Tejveer Singh Respondent :- State of U.P.
Counsel for Appellant :- A.C.Srivastava Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Heard Sri A.C. Srivastava, learned counsel for the applicant- appellant and Sri Amit Sinha, learned AGA for the State.
In this application, the applicant seeks suspension of sentence and grant of bail.
As per prosecution case, on 14.03.2008, deceased Rampal Singh was done to death by the applicant.
Learned counsel for the applicant submits that in the FIR, four persons have been said to be the assailants and according to PW-1 all of them caused injuries but later, while improving in the Court, PW-1 states that he disclosed the name of other accused persons wrongly and it is the applicant alone, who caused firearm injury to the deceased. He further submits that as per FIR, motive was on account of dispute of committee whereas in the Court, witnesses have stated that brother of the accused-applicant was facing trial under Section 376 of IPC and as the compromise could not be arrived into, the present incident occurred. Lastly, it has been argued that the applicant is in jail since nine and half years; appeal may take sometime for its final disposal, and therefore, applicant be released on bail.
On the other hand, learned State Counsel opposes the prayer for bail.
Considering the totality of the case, in particular, nature of evidence and the detention period of applicant, without further commenting on the merits of the case, we are inclined to release him on bail.
Let the applicant Teja @ Tejveer Singh convicted and sentenced in S.T. No. 870 of 2010 arising out of Crime No. 50 of 2008, u/s 147, 302 and 120B of IPC, P.S.-Paalimukim Pur, District Aligarh, be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand) and two sureties in the like amount to the satisfaction of the court concerned.
On acceptance of bail bond and personal bond, the lower court shall transmit photostat copies thereof to this Court for being kept on the record.
Order Date :- 28.11.2019 AKK/Mohit