Court granted bail to applicant Shivam Singh in a criminal PCM involving fatal firearm injury, imposing standard conditions and requiring sureties, without commenting on case merits.
Releases applicant on bail under Sections 302, 34 IPC, requiring personal bond and two sureties each, subject to specific conditions.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3364 of 2020
Applicant :- Shivam Singh Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. and perused record.
Learned counsel for applicant contends that applicant is not named in F.I.R. and has been falsely implicated on the basis of statements of alleged eye witnesses Rahul and Baba Vishwakarma recorded after inordinate delay; that as per averments made in F.I.R., deceased was chased by named accused Sonu Singh, Monu Singh and Bunty Dubey but with some ulterior motive and to exonerate named accused Monu Singh in statement under Section 161 Cr.P.C. the alleged eye witnesses Rahul, Sachin and Baba Vishwakarma have replaced applicant in place of Monu Singh and stated that Monu was not present at the time of incident; that in F.I.R. as well as in statements of above mentioned eye witnesses role of causing single fatal fire arm injury has been assigned to co-accused Sonu Singh; that applicant did not participate in the incident in question and had no motive to participate in the incident in question; that case of application is distinguishable from Sonu Singh; that applicant is not alleged to be author of fatal fire arm injury of deceased; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 20.12.2019.
Learned A.G.A. opposed prayer of bail.
Upon hearing learned counsel for parties, perusal of record and considering complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on merits of case, I find it a fit case for bail.
Let the applicant Shivam Singh be released on bail in Case Crime No.235 of 2019, under Sections 302, 34 I.P.C., P.S. Maharajganj, District Jaunpur, on furnishing a personal bond and two sureties each in like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with 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 liberty of bail enabling court concerned to take necessary action in accordance with provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with prosecution evidence and will not delay 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 conditions mentioned above, court concerned will be at liberty to cancel bail and send applicant to prison.
Order Date :- 4.2.2020 Kpy
1 issue framed by the court
whether the applicant is fit for bail considering the facts and circumstances of the case.
Shivam Singh
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
