The single judge rejected the bail application of Than Singh charged with murder and affray. Finding it not a fit case for bail at the stage without commenting on merits, the court dismissed the plea while requesting expeditious conclusion of the trial.
Bail application of Than Singh rejected.
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Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7521 of 2019
Applicant :- Than Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Manoj Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that applicant has been falsely implicated; that applicant is named in promptly lodged FIR on 13.7.2017 by Harendra Yadav with averments that on 13.7.2017 at about 1.00 p.m. Shyam Babu, Chacha of first informant was going with Ganga Singh and when they reached at Mandir Tiraha near house of applicant, co-accused called that enemy has come, upon which he was surrounded by several accused persons, named in FIR, armed with weapons wherein applicant was armed with Ballam and upon catching hold of Shyam Babu by Sompal, Rakesh and Harpal applicant gave a Ballam blow while Narendra and Durvijay charged lathies and upon alarm raised by Ganga Singh when first informant and others reached at the spot, accused persons fled away and Shyam Babu died on the spot; that it was also mentioned in FIR that prior to incident in question about two days back a quarrel did take place over fodder on account of which incident has been committed by all the accused persons in furtherance of common object; that postmortem report of deceased states single incised wound with one linear abrasion which belies injuries of lathi; that co-accused Narendra and Durvijay, who were assigned with role of causing injuries with lathi have been granted bail by another Bench of this Court vide order dated 23.2.2018 passed in Criminal Misc. Bail Application No.6935 of 2018, copy filed at Annexure-7; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 16.7.2017.
Learned A.G.A. vehemently opposed the prayer of bail and contended that incident in question has been committed by applicant and his associates in preplanned manner and in furtherance of common object of unlawful
assembly formed by accused persons and applicant caused a deep incised wound over left hypochondrium above iliac region with sharp margins, which was found to be cause of death; that applicant is main accused, who has been assigned with role of causing above injury with Ballam in his hand and his case is not at par with Narendra and Durvijay and he is not entitled for bail on the ground of parity or otherwise; that applicant, if released on bail, shall misuse the liberty of bail and delay and defraud fair disposal of trial.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I do not find it a fit case for bail.
The bail application of applicant Than Singh in Case Crime No.535 of 2017, under Sections 147, 148, 302, I.P.C., P.S. Izzatnagar, District Bareilly is rejected accordingly.
However, the trial court is requested to conclude the trial as expeditiously as possible, in accordance with law without granting unnecessary adjournments to either party.
Order Date :- 22.2.2019 T. Sinha
1 issue framed by the court
Whether the applicant is entitled to bail in a case involving murder and affray where the deceased died due to a single incised wound caused by a ballam.
1 provisions across 1 enactments
Than Singh
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
