Allowed

Kishan Singh v. State of U.P.

Allahabad HC9 May 2018BAIL/17301/2018

Case brief

AI extract

What is this about?

The Court allowed the bail application of Kishan Singh in a murder case. Noting the co-accused Manoj Pandey has been released on bail and the applicant faces similar allegations with no independent witness against him, the Court held it a fit case for bail.

What did the court decide?

The applicant is released on bail on furnishing a personal bond and two sureties each, subject to five conditions regarding appearance and conduct.

Kishan Singh Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2018)

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Court No. - 55

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17301 of 2018

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Applicant :- Kishan Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Arvind Kumar Rai,Sunil Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

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According to prosecution case, F.I.R. was lodged against three unknown persons alleging that on 23.2.2017 they shot fire at Jainarayan Jaiswal, he received one gunshot injury, resultantly died. On 2.7.2017 secret informer (mukhbeer) stated that this incident was done by Manoj Pandey, Kishan Singh and Abid. Co-accused Manoj Pandey has stated in his confessional statement that he shot fire at deceased and other accused persons were present at the time of incident.

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It is submitted by learned counsel for the applicant that coaccused namely Manoj Pandey has been granted bail by this Court vide order dated 5.3.2018 in Criminal Misc. Bail Application No. 7706 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. Main role of firing was assigned to coaccused Manoj Pandey. Offences levelled against the applicant are not attracted in the present case. There is no independent witness and no eye witness account against the applicant. He is languishing in jail since 8.7.2017 (more than ten months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history and the case of present applicant is identical to coaccused Manoj Pandey who has been enlarged on bail.

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.

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Let the applicant Kishan Singh involved in Case Crime No.

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82 of 2017, under Section 302 IPC, Police Station Sayyadraza, District Chandauli be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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The applicant will not tamper with the evidence during the trial.

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2.The applicant will not pressurize/ intimidate the prosecution witness.

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3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 9.5.2018 A. Singh

Kishan Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kishan Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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