Criminal bail application regarding alleged assault resulting in death. Application for applicants Viri Singh and Shyam Vir; bail granted to Viri Singh with conditions, denied to Shyam Vir.
Bail allowed for applicant no. 1 Viri Singh on personal bond and two sureties subject to standard conditions; bail rejected for applicant no. 2 Shyam Vir.
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Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16696 of 2019
Applicant :- Viri Singh And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Prashant Sharma,Pankaj Sharma Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against four accused persons namely, Shyamveer, Kunwarpal Singh, Mala Devi and Viri Singh alleging that on 23.11.2018 they assaulted Rajkumar, Gayatri Devi, Manju Devi, Kajal, Rishav and Neetu, they received injuries. Gayatri Devi received one head injury, resultantly died.
It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. Co-accused namely Smt. Mala Devi has been granted bail by this Court vide order dated 13.3.2019 in Criminal Misc. Bail Application No. 10803 of 2019, since the role of the applicants is not distinguishable with the role of co-accused, therefore, the applicants are also entitled for bail. There is no independent witness and no legal evidence against the applicants. Offences levelled against the applicants are not attracted in the present case. They are languishing in jail since 28.11.2018 (more than four and half months) having no criminal history and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail and submitted that according to bail order of co-accused Smt. Mala Devi passed by co-ordinate Bench of this Court vide order dated 13.3.2019, main role of assault is assigned to applicant no. 2 Shyam Vir. It is further submitted that deceased was died due to head injury caused by applicant no. 2 Shyam Vir. He admitted that applicants have 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 of applicant no. 1 Viri Singh is hereby allowed.
Let applicant no. 1 Viri Singh involved in Case Crime No. 1142 of 2018, under Sections 147, 149, 304, 323, 336, 338, 504 IPC, Police Station Hathras Gate, District Hathras
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.
So far as applicant no. 2 Shyam Vir is concerned, considering the submission of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence the bail application of applicant no. 2 Shyam Vir is hereby rejected at this stage.
Order Date :- 23.4.2019 A. Singh
2 issues framed by the court
Whether applicant no. 1 Viri Singh qualifies for bail.
Whether applicant no. 2 Shyam Vir qualifies for bail.
Viri Singh
Shyam Vir
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
