This court granted bail to the applicant, Hukum Singh, accused under Section 304 IPC. Despite arguments regarding innocence and delay in FIR, the court granted bail primarily on the ground of parity with a co-accous released on identical terms.
Applicant released on bail on furnishing a personal bond and two sureties.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48404 of 2019
Applicant :- Hukum Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Shukla Counsel for Opposite Party :- G.A.,Ravi Pandey
Hon'ble Bachchoo Lal,J.
Supplementary affidavit filed on behalf of the applicant is taken on record.
List has been revised. none is present on behalf of the complainant. Heard learned counsel for the applicant, learned A.G.A and perused the record.
Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. He has not committed the present offence. Informant is not eye witness. Applicant was not arrested on the spot. Fact mentioned in the FIR regarding the arrest of the applicant is false. It has further been submitted that FIR was lodged only on the basis of suspicion. The FIR of the alleged incident has been lodged with the delay of two days after the recovery of dead body of the deceased. There is no eye witness of the alleged incident. As per postmortem report no mark of any external injury has been found on the body of the deceased and the cause of death of the deceased has been shown asphyxia due to drowning. The applicant has no concern with the alleged incident. No incriminating article has been recovered from the possession of the applicant or on his pointing out. Co-accused Rahul having identical role has already been released on bail by another bench of this Court vide order dated 14.11.2019 in Criminal Misc. Bail Application No. 47929 of 2019, therefore the applicant is also entitled for bail on the ground of parity. There is no criminal history of the applicant and is in jail since 7.7.2019.
Per contra, learned A.G.A opposed the prayer for bail but could not dispute the fact that co-accused Rahul having identical role has already been released on bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Hukum Singh involved in Case Crime No. 409 of 2019, under Section 304 IPC, P.S. Khurja Nagar, District
Bulandshahar 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:-
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 28.11.2019
A.
1 issue framed by the court
Whether the appropriate circumstances require bail to be granted due to parity with co-accused.
Hukum Singh
State of U.P.
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
