The Single Judge granted bail to four accused persons who were falsely implicated and identically placed with co-accused already enlarged on bail. The High Court ordered their release on personal bond with two sureties each and standard bail conditions.
The applicants were released on bail by executing a personal bond and furnishing two sureties each.
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. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5817 of 2018
Applicant :- Jai Singh And 3 Ors. Opposite Party :- State Of U.P. Counsel for Applicant :- Dinesh Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record.
According to the prosecution case the F.I.R. was lodged against accused Ramveer, Rajkumar, Uday Singh, Surendra @ Chotu, Pinta, Mukesh and Gandi alleging that on 04.09.2017 they assaulted the injured Purchendra, Jitendra, Jasveer, Rahul and Vivek by indiscriminate firing and they have received injuries.
Learned counsel for the applicants submitted that the applicants have been falsely implicated in the present case; there is cross Crime No. 351 of 2017 and Smt. Meena Devi has received firearm injury; the incident took place at the spur of moment; general role have been assigned against all the accused persons; the specific role has been assigned against the accused Chote, Mukesh and Gandhi; the co-accused Beenu, Ram Veer Singh have already been enlarged on bail by this Court vide order dated 17.11.2017, 29.1.2018 passed in Criminal Misc. Bail Application No.44878 of 2017, 49909 of 2017, the role of the applicants is identical to that of the co-accused who have already been enlarged on bail, they are also entitled to be enlarged on bail on the ground of parity; the criminal history of the applicants have been properly explained in the supplementary affidavit; there is no independent witness against this accused which may show participation of the applicants in the alleged crime; the applicants are in jail since 4.1.2018 (more than one and half months) in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. opposed the prayer for bail and admitted that criminal history of the applicants have been explained, the role of this accused is identical to the role of the accused who have already been enlarged on bail.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A. and the fact that identically placed co-accused has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
Let the applicants Jai Singh, Hari Om, Raj Kumar and Rajendra @ Rajjo involved in the Case Crime No. 349 of 2017, under Sections 147, 148, 149, 307, 308, 336, 504, 506, 427 I.P.C., P.S. Khandauli, District Agra be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court
concerned with the following conditions:
i) The applicants shall not tamper with the prosecution evidence.
ii) The applicants shall not threaten or harass the prosecution witnesses.
iii) The applicants shall appear on the date fixed by the trial court.
iv) The applicants shall not commit an offence similar to the offence of which the applicants are accused, or suspected of the commission, of which applicants are suspected.
v) The applicants shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicants 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 :- 23.2.2018 A. Singh
2 issues framed by the court
Whether the applicants, being identically placed with co-accused already enlarged on bail, should be granted bail.
Whether the applicants have demonstrated they will not misuse the liberty of bail or the trial.
1 provisions across 1 enactments
Jai Singh And 3 Ors.
State Of U.P.
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
