Criminal Court allowed bail to the applicant accused of affray and assault under IPC sections. The court invoked parity with bail granted to co-accused and noted the victim had no injuries.
Applicant released on bail on personal bond and two sureties subject to conditions.
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Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2730 of 2020
Applicant :- Multan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Dharam Veer Singh,Vineet Vikram Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No.58 of 2019, under Sections 147, 148, 323, 326, 352, 452, 504, 506 I.P.C., Police Station Pachokhara, District Firozabad, applied for bail.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case; he has committed no offence; entire prosecution story is false and fake. It has been further submitted that as per statement of victim Shilendra, accused-applicant is said to have caused injuries to the injured Guddu but as per injury report, no injury was found on the person of injured Guddu. There is general allegation levelled against seven accused persons. He further pointed out that co-accused Jagroop Singh, Malkhan Singh and Ramveer Singh have been granted bail by co-ordinate Bench of this Court vide orders dated 3.7.2019, 5.7.2019 and 15.7.2019 in Criminal Misc. Bail Application Nos.
26427 of 2019, 24467 of 2019 and 28099 of 2019 respectively and the case of the applicant stands of identical footing, hence the applicant is also entitled for bail on the ground of parity. Applicant is in jail since 4.12.2019. It is further submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, injuries found on the person of victim, detention of applicant in jail, severity of punishment in case of conviction, role of applicant in the incident, bail orders of co-accused Jagroop Singh, Malkhan Singh and Ramveer Singh, evidence collected by I.O. during investigation and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed .
Let applicant Multan Singh be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the
evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities or case.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 3.2.2020 Manoj
1 issue framed by the court
Whether the accused-applicant merits bail in a case involving affray and use of deadly weapons.
2 provisions across 2 enactments
Multan Singh
State of U.P.
Rajendra Kumar
Manoj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
