The single judge granted bail to the applicant, who was accused of murder as a co-accused, subject to conditions including furnishing a personal bond and two sureties.
Release on bail on personal bond and two sureties subject to conditions of not engaging in criminal activity or tampering with evidence.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56288 of 2019
Applicant :- Jille @ Jile Singh Opposite Party :- State of U.P. Counsel for Applicant :- Vinay Kumar Singh Chandel Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Supplementary affidavit has been filed by learned counsel for the applicant along with a copy of charge sheet, which is taken on record.
Heard Sri Vinay Kumar Singh Chandel, learned counsel for the applicant, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant namely Jille @ Jile Singh with a prayer to enlarge him on bail in Case Crime No.606 of 2019, under Section 302 I.P.C., Police Station Massorie, District Ghaziabad.
As per FIR version, the incident took place in the evening of 31.8.2019 some quarrel took place between children and because of that three persons namely Jille @ Jile Singh, Rambhul and Deepak caused death of deceased Sandeep by causing injury by knife. It has been stated in the FIR that the accused-applicant Jille @ Jile Singh and co-accused Rambhul caught hold of Sandeep and co-accused Deepak stabbed him.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. He has further submitted that only one stab wound has been found on the body of the deceased in the postmortem, which has been caused as per FIR. The applicant has been assigned the role of caught hold and he has not caused any injury to the deceased. He has further submitted that the applicant has no previous criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. The applicant is languishing in jail since 3.9.2019 hence, he is entitled to bail.
Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. He has further
submitted that after investigation, the police has submitted charge sheet in the matter.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 3.1.2020 Mini
1 issue framed by the court
Whether the applicant is entitled to bail in a murder case where charges imply lesser role in causing fatal injuries.
1 provisions across 1 enactments
Jille @ Jile Singh
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
