Shivam v. State of U.P.

Court No. - 50

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1872 of 2018

Applicant :- Shivam Opposite Party :- State Of U.P. Counsel for Applicant :- Ajai Kumar,Mamta Singh Counsel for Opposite Party :- G.A.,Shivakant

Hon'ble Aniruddha Singh,J.

Heard learned counsel for the applicant, learned counsel for the complainant as well as learned AGA for the State and perused the record.

According to prosecution case, FIR was lodged against four accused persons namely, Satnam, Himanshu, Anil and Shivam alleging that on 19.4.2017 they assaulted Shyam Sundar with stick(lathi), axe and knife. He received three injuries(one stitched wound 8 cm on head, second abraded contusion on left thigh and third contusion on left chest) and died next day. In the said incident Jagdish has also received three injuries. Initially FIR was lodged under Sections 323, 324 IPC and subsequently Sections 302, 504, 506 IPC were also added. In the statement under Section 161 Cr.P.C. specific role of assault with Wooden 'fauria'(weapon) on head of Shyam Sundar was assigned to Satnam. Said wooden 'Fauria' was recovered at the pointing out of Satnam.

It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 24.5.2017(more than one year and nine months) having no criminal history. He has been falsely implicated. Co-accused Anil has already been granted bail by coordinate Bench of this Court vide order dated 5.9.2018 passed in Criminal Misc. Bail Application No.39684 2017 (Bail order produced during argument, is taken on record), applicant's case is identical to him and he is also entitled to bail on the ground of parity. General role is alleged to have been assigned to all the accused except Satnam. There is no independent witness. There is no possibility to get this case decided in near future. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.