In this bail application, the Single Bench upheld the grant of bail to Badan Singh, an accused in a murder charge, noting that one co-accused had already been released on similar grounds of parity and lack of criminal history.
Badan Singh is released on bail on furnishing a personal bond and two sureties each in the like amount subject to standard conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19601 of 2018
Applicant :- Badan Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Vivek Kumar Singh,Mayank Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged on 20.11.2017 against five accused persons, namely, Badan Singh, Charan Singh, Jugal Kishor, Bijendra and Bhurey alleging that on 19.11.2017 at 23 hour they shot indiscriminate firing at Pan Singh, he received one gunshot injury, resultantly died.
It is submitted by learned counsel for the applicant that case of present applicant is identical to co-accused Bhurey who has already been enlarged on bail by this Court vide order dated 1.5.2018 passed in Criminal Misc. Bail Application No.16004 of 2018 and the applicant is entitled to bail on the ground of parity(Bail order is annexed at page 49-50). The applicant is innocent and has been falsely implicated in the present case. There is cross case in case crime no. 555 of 2017 including under Section 307 IPC. It was a case of sudden fight and incident has taken place in spur of moment, both sides have received injuries. At this stage, it is not possible to decide who is the aggressor. There is general allegations against the applicant. Offences levelled against the applicant are not attracted in the present case. Only one injury was found on the body of deceased. It is not clear from the prosecution evidence who was the author of the injury found on the body of deceased. There is no independent witness. He is languishing in jail since 31.1.2018 (more than three and half month) 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.
Learned counsel for the complainant as well as 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.
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.
Let applicant Badan Singh involved in Case Crime No. 553 of 2017, under Sections 147, 148, 149, 302, 504 IPC, P.S. Rajpura, District Sambhal 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:
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 he is accused, or suspected, of the commission of which he is 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 him 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 court below shall be at liberty to cancel the bail.
Order Date :- 24.5.2018
P.P.
3 issues framed by the court
Whether the applicant is entitled to bail pending trial considering the facts and gravity of the offence.
Whether the applicant can claim bail on grounds of parity with co-accused who were already released.
Whether the court should express an opinion on the merits before deciding the bail application.
Colour shows how this judgement treated each authority
Criminal Misc. Bail Application No.16004 of 2018Referred¶7
2 provisions across 1 enactments
Badan Singh
State Of U.P.
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
