This judgment grants bail to Kitab Singh in a criminal case alleging culpable homicide. The court noted the delay in the N.C.R., lack of specific injuries against the accused, and the applicant's clean record as factors for release.
Released on bail by furnishing a personal bond and two sureties 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. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1357 of 2019
Applicant :- Kitab Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Vinay Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard Sri Vinay Kumar, learned counsel for the applicant,Sri S.K. Tripathi, brief holder for the State and perused the record.
According to prosecution case, N.C.R. was lodged on 7.7.2018 (after 12 days of incident) against four accused persons, namely Kitab Singh, Munnalal, Malikhan Singh and Bhuri Singh alleging that on 25.6.2018 they assaulted Amar Singh with lathi-danda and by kicks and fists, resultantly died. According to post-mortem report, cause of death was not ascertain and no internal injury was found.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There are general allegations against all accused persons. No injury was found on the body of deceased. N.C.R. was lodged after 12 days of incident without explaining any delay. There is no independent witness against the applicant. Offence under Section 304 IPC was not made out against the applicant. He is languishing in jail since 6.8.2018 (more than five 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.
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 Kitab Singh involved in Case Crime No. 70 of 2018, under Sections 304, 323 IPC, Police Station Khairgarh, District Firozabad 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 :- 10.1.2019
A. Singh
1 issue framed by the court
Whether the applicant is eligible for bail in the present circumstances.
Kitab Singh
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
