Mangal Singh v. State of U.P.

Court No. - 50

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1127 of 2019

Applicant :- Mangal Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Rahul Kumar Tripathi,Amit Daga Counsel for Opposite Party :- G.A.

Hon'ble Aniruddha Singh,J.

Heard Sri Amit Daga, learned counsel for the applicant, Sri S.K. Tripathi, brief holder for the State and perused the record.

According to prosecution case, F.I.R. was lodged against three accused persons, namely Rajpal, Ramfal and Jaipal alleging that on 16.10.2018, Karan Singh and Chandrapal @ Karua died due to electric shock, the electric wire was spread in the field of Saudan Singh to save his crops. Later on, after one day of incident the name of the applicant was disclosed by complainant and stated that the said wire was connected by tube-well of applicant.

It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There is no intention of knowledge to kill the deceased. Applicant was not named in the F.I.R. The name of the applicant was disclosed by the complainant. F.I.R. was lodged on the basis of suspicion only. After thought, the false story was developed with legal consultation due to previous enmity. Applicant has no concern with said crime. Incident took place at night, no body has seen the incident. There is no independent witness. Offence under Section 304 IPC is not made out against the applicant. He is languishing in jail since 21.10.2018 (more than two and half 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.