Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29996 of 2018 Applicant :- Veer Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Submission is that the father of the applicant was murdered by Shyam Behari and Ram Behari. Since the police was not investigating the case fairly, applicant approached this court by means of Criminal Misc. Writ Petition No.14272 of 2017, which was disposed of vide order dated 27.07.2017 directing the SSP, Kanpur Nagar to ensure fair investigation in the matter and submit his report before the Court concerned expeditiously preferably within a period of three months from the date of production of certified copy of this order. It has been submitted that after the order dated 27.07.2017 aforesaid no progress in the investigation was made, therefore, the applicant filed a Contempt Petition (Civil) No.6153 of 2017, wherein Standing Counsel placed before the court statements recorded by the Investigating Officer implicating the applicant, Veer Singh, himself as accused who committed murder of his father. On account of aforesaid submission made by the Standing Counsel contempt petition was dismissed.
Thereafter applicant again approached this Court by means of Criminal Misc. Writ Petition No. 3563 of 2018 praying for fair investigation in the matter since the informant himself was falsely implicated by the police as an accused in the case. The aforesaid writ petition was disposed of directing the D. I G Range, Kanpur Nagar to conduct investigation in the matter in fair manner and submit report before the competent Court within a period of two months. It has been submitted that after the aforesaid writ petition was disposed of the applicant was arrested and sent to jail. The applicant is in jail since 22.5.2018.
It has been submitted that the person, who was SSP, Kanpur Nagar, namely, Sri Ratan Kant Pandey, was promoted as D I G, Range Kanpur Nagar when the order dated 05.04.2018 was passed by the Division Bench of this Court in Criminal Misc. Writ Petition No.3563 of 2018. He was earlier SSP, Kanpur Nagar when earlier Criminal Writ Petition No.17272 of 2017 was filed by the applicant before this Court and direction was issued for fair investigation. It has been submitted that the aforesaid officer has got the applicant falsely implicated in this case since he had filed two writ petitions and contempt petition against him. The applicant has one criminal history prior to the present implication under Section 364 IPC, which has been explained in para 35 of the affidavit filed in support of the bail application.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Veer Singh involved in Case Crime No.507 of 2017, under Section 302 IPC, Police Station Bhognipur, District- Kanpur Dehat / Rama Bai Nagar be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 22.8.2019 SS