A criminal bail application in a murder case under Sections 302, 404 IPC reading Section 34 IPC, alleging dacoity, was disposed of. The court granted bail on a personal bond and two sureties.
Applicant released on bail on personal bond and two sureties with conditions not to tamper with evidence or intimidate witnesses.
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42590 of 2019
Applicant :- Awadh Kumar Singh Alias Nanhe Singh Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Babu Mishra,Vimlendu Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Vimlendu Tripathi, learned counsel for the applicant, Sri Ravindra Sharma, counsel for the informant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 70 of 2019, u/s 302, 404 IPC, P.S. Bara, District Allahabad with the prayer for enlarging him on bail.
According to prosecution case, F.I.R. was lodged against unknown person alleging that on 30/31.3.2019 at night they killed Vinmra Singh (son of complainant) and looted rupees twenty thousand. According to postmortem report, two injuries were found on the body of deceased and cause of death was found asphyxia due to antemortem strangulation. During investigation, names of Awadh Kumar Singh @ Nanhe, Kuldeep Singh, Sanjeet Singh, Samarjeet and Balram were surfaced. Statements of Jeetlal (uncle of deceased) and Munim Singh (brother-in-law of Jeetlal) were recorded on 19.4.2019 i.e. after 19 days of the incident. It is submitted by learned counsel for the applicant that three co-accused Balram Singh alias Balloo, Sandeep Alias Choote Singh and Kuldeep Singh Patel have been granted bail by the coordinate Bench of this Court in Bail Application nos. 39792 of 2019, 41021 of 2019 and 41034 of 2019 vide orders dated 26.9.2019, 1.10.2019 respectively. There is no distinction caused so far the applicant is concerned; there is criminal history of five cases, out of which four cases have resulted into acquittal. He further argued that since evidence in the present case has been introduced after 19 days of the incident especially when one of the witness of last seen Jeet Lal is witness of inquest yet he did not disclose the fact at the earliest and it appears that he is a got up witness. He has further argued that bail of the applicant may not be refused mere because he has criminal history of five cases which has been duly explained. He has also stated that other coaccused Kuldeep and Sandeep, who have been granted bail having criminal history of two cases.
Learned counsel for the informant has opposed the prayer for bail and submitted that the applicant has very strong motive to eliminate the deceased. However, he could not dispute the submission made by counsel for the applicant.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Awadh Kumar Singh Alias Nanhe Singh involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 11.11.2019 Dhirendra/
1 issue framed by the court
Whether the applicant is entitled to be released on bail in a murder and dacoity case despite having criminal antecedents.
Awadh Kumar Singh Alias Nanhe Singh
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
