Single judge allowed bail to Mahendra Singh in a murder trial under IPC, holding that he made out a case despite the heinous nature of the offence, emphasizing lack of motive and role as a bystander.
Release of applicant on bail on furnishing a personal bond with two sureties subject to conditions regarding non-tampering with evidence and cooperation in trial.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10106 of 2022
Applicant :- Mahendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Bind Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Faiz Alam Khan,J.
Learned counsel representing the State submits that he has procured complete instructions in the matter including the case diary.
Heard Shri Anil Kumar Bind, learned counsel for the accused/applicant as well as learned counsel representing the State and perused the record.
This bail application has been moved by the accused/applicant- Mahendra Singh for grant of bail, in Case Crime No. 365 of 2021, under Sections 147, 302, 34 of IPC, Police Station Dholna, District Kasganj, during trial.
Learned counsel for the accused-applicant while pressing the bail application submits that the accused-applicant has falsely been implicated in the instant case and he has not committed any offence as claimed by the prosecution.
It is further submitted that in the FIR general allegation of marpit with fists and kicks have been levelled against seven persons who were present in a ' Panchayat ', which was organized to settle the dispute between the informant and co-accused Ghamandi Singh and his sons, namely, Dan Sahai, Bharat Singh and Hari Mohan Singh and the applicant was present in the Panchayat only as a bystander.
It is further submitted that the applicant is not having any motive to cause any injury to the deceased as the dispute was between informant's side and co-accused Ghamandi Singh, Dan Sahai, Bharat Singh and Hari Mohan Singh and the name of the applicant has been dragged only on account of his association with co-accused Ghamandi Singh.
It is further submitted that only three injuries are reported to have been sustained by the deceased and the death of the deceased is stated to have occurred due to the shock and
hemorrhage due to ante mortem injuries due to laceration of splean.
It is further submitted that the applicant is in jail in this case since 19.10.2021. Charge sheet in this case has already been filed and there is no apprehension that the accused-applicant after release on bail, may flee from the process of law or may otherwise misuse the liberty.
Learned counsel representing the State, however, opposes the prayer for bail of the applicant on the ground that the applicant is an accused of heinous offence and as such he is not entitled to be released on bail but could not dispute the other factual submissions made by the learned counsel for the accusedapplicant.
Having heard learned counsel for the opposite parties and having perused the record, it is transpired from the record that the case of the prosecution is that on relevant date and time a Panchayat was organized to settle the dispute between the informant and co-accused Ghamandi Singh and his sons wherein some altercation has taken place and accused persons have assaulted the deceased who was the father of the informant. General role of assault with fists and kicks have been assigned to all the accused persons including the applicant. No overact has been attributed to applicant. It is vehemently submitted that applicant was not having any motive to have indulged into any assault as he was only a bystander and the dispute was existing between the informant and co-accused Ghamandi Singh and his sons. It is also vehemently submitted that who is the author of the fatal injury could not be ascertained. The applicant is in jail in this case since 19.10.2021 and he is not having any previous criminal history. The presence of the applicant could be secured before the trial court by placing adequate conditions.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits and demerits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed.
Let the applicant- Mahendra Singh involved in the aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall not tamper with the prosecution evidence
by intimidating/pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Observations made herein-above are only for the purpose of disposal of bail application and the same shall not have any bearing on the trial of the case.
Order Date :- 4.4.2022 Muk
Digitally signed by MOHD UMAR KHAN Date: 2022.04.04 17:38:59 IST Reason: Location: High Court of Judicature at Allahabad
Mahendra Singh
Mohd. Faiz Alam Khan
As recorded by the court registry
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