Single judge allowed bail to Veer Singh in a criminal trial involving murder and rioting allegations, citing parity with co-accused already granted bail, absence of independent witnesses, and no recovery of weapon.
Released on bail furnishing a personal bond and two sureties subject to standard conditions.
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Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11790 of 2019
Applicant :- Veer Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Ashutosh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Mayank Mishra, learned brief holder for the State and perused the record.
According to prosecution case, FIR was lodged against ten persons namely, Suresh, Surendra, Evran, Govind, Somesh, Trimal, Kailash Kaluwa, Tikkal, Veer Singh and Ranjeet alleging that on 1.5.2018 Parvat Singh was driving Wagnar car No. UP14 AB 5021 in which Harpal and Umrao were sitting; complainant and Veer Singh were riding on motorcycle; as soon as car reached school of Pyarey Lal, accused persons opened fire indiscriminately, in which Umrao fell down after sustaining injuries and Parvat Singh was shot dead by Suresh, Surendra, Evran and Kailash. They also cut his private part.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 14.12.2018(near about three and half months) having no criminal history. He has been falsely implicated. Co-accused Govind, Tikkal @ Yogesh and Somesh @ Deepak have already been granted bail by this Court vide orders dated 30.11.2018, 23.1.2019 and 28.2.2019 passed in Criminal Misc. Bail Application Nos. 42613 of 2018, 3301 of 2019 and 8870 of 2019 respectively. Applicant's case is identical to him and he is also entitled to bail on the ground of parity. Specific role of firing was assigned to Suresh, Surendra, Evran and Kailash and general role was alleged to rest of the accused. Nothing was recovery from the possession of applicant. There is no independent witness. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history and his case is identical to aforesaid co-accused who have been granted bail by this Court.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence 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 applicant Veer Singh involved in Case Crime No.160 of 2018, under Section 147, 148, 149, 302, 342, 506 IPC, Police Station Shahzadnagar, District Rampur 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:
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.3.2019
A. Singh
1 issue framed by the court
Whether the applicant is entitled to bail on grounds of parity with co-accused and lack of recovery evidence.
Veer Singh
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
