The court allowed a bail application for an accused falsely implicated in murder and instigation charges. Relying on bail parity with co-accused and statutory guidelines, the court ruled it a fit case for bail, setting conditions against tampering with evidence.
Release on bail on executing a personal bond and furnishing two sureties with specified conditions.
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Court No. - 5
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15725 of 2022
Applicant :- Mahipal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ran Vijay Singh,Ajay Srivastava Counsel for Opposite Party :- G.A.,Ganesh Mani
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Mahipal Singh in connection with Case Crime No. 168 of 2021, under Sections 306, 201 IPC, Police Station Bhawarkol, district Ghazipur.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. Learned counsel for the applicant submits that co-accused Mira Devi, Premshankar @ Bhola @ Mulayam and Krishna Sharma have already been enlarged on bail by this court, vide order dated 02.06.2022, 09.05.2022 and 22.04.2022, passed in Criminal Misc. Bail Application No. 13020 of 2022, Criminal Misc. Bail Application No. 12453 of 2022 and 6953 of 2022. A copy of his bail order submitted by the learned counsel for applicant during the course of hearing is taken on record. He further submitted that as per FIR version general role has been assigned to the applicant and the role assigned to the applicant is similar to the role of the other co-accused, who has already been enlarged on bail. He claims parity. He submitted that the applicant is languishing in jail since 27.12.2021 , hence he is entitled to be released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the ground of bail parity.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, considering the ground of parity the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2, and also the fact that the co-accused Mira Devi, Premshankar @ Bhola @ Mulayam and Krishna Sharma have been admitted the
concession of bail by this Court but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Mahipal Singh involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence. ii)The applicant shall not threaten or harass the prosecution witnesses;
iii)The applicant shall appear on the date fixed by the trial court;
iv)The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v)The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 28.6.2022 Neetu
Digitally signed by NEETU SINGH Date: 2022.07.05 12:14:47 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail on the grounds of parity with co-accused and likelihood to cooperate in trial.
Whether the circumstances constitute a fit case for enlargement on bail under Sections 306 and 201 IPC.
Colour shows how this judgement treated each authority
Data Ram Vs. State of U.P. and othersRelied on¶9
Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 · Who else cites this
1 provisions across 1 enactments
Mahipal Singh
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
