In Criminal Misc. Bail Application No. 6486 of 2019, the Court considered the applicant Kewal Singh's plea for bail in a murder case. The Court considered the complicity, severity, co-accused bail, and circumstances before allowing bail subject to conditions.
Applicant Kewal Singh released on bail by furnishing a personal bond and two sureties.
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. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6486 of 2019
Applicant :- Kewal Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Ram Sharan Giri Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Sri Rajneesh Tripathi, Advocate filed vakalatnama on behalf of first informant today in the Court, which is taken on record.
Heard learned counsel for applicant Ram Sharan Giri, Sri Aditya Tripathi, Advocate holding brief of Sri Rajneesh Tripathi, learned counsel for the first informant, learned A.G.A. for the State and perused the record.
Learned counsel for applicant contends that applicant has been falsely implicated in F.I.R. being cousin brother of co-accused Hari Babu and Anju; that as per averments made in F.I.R., in the incident in question fire made by Hari Babu hit Dalveer Singh, resulting in his death on way to hospital; that though indiscriminate firing is alleged to have been made in the incident in question by four persons, but by the alleged firing of applicant no injury is alleged to have been sustained by any other person; that co-accused Ramvir Singh, father of coaccused Hari Babu has been granted bail by this Court vide order dated 22.1.2019 passed in Cri. Misc. Bail Application No. 3050 of 2019, copy filed at Annexure-6; that case of applicant is distinguishable from Hari Babu; that applicant has no criminal history; that the applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 12.10.2018.
Learned A.G.A. and learned counsel for first informant vehmently opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment, grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Kewal Singh be released on bail in Case Crime No. 0277 of 2018, under Sections 302 and 504 I.P.C., P.S. Dannahar, District Mainpuri, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of
magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 18.2.2019 Md Faisal
1 issue framed by the court
Whether the applicant Kewal Singh is a fit case to be released on bail in the given facts and circumstances.
4 provisions across 2 enactments
Kewal Singh
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
