The High Court dismissed a bail application filed by Kandha Singh in a case involving burning and assault charges. The court found credible evidence and direct eyewitness testimony against the applicant, deeming him unfit for bail.
Application rejected; no bail granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26297 of 2022
Applicant :- Kandha Singh Alias Ajay Singh Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Yadav,Swati Agrawal Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard Mrs. Swati Agrawal Srivastava, learned counsel for the applicant, Sri Vishwa Deepak Mishra, learned A.G.A. for the State and perused the record.
This first bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 66 of 2022, registered under Sections 323, 504, 506, 436, 429, 427, 452, 458, 307 I.P.C., Police Station Tarwan, District Azamgarh during pendency of the trial.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant has been intentionally dragged in the present case. There is no witness of the alleged incident. Fire took place in the house of informant due to short circuit. She next submitted that co-accused, namely, Deepak Singh @ Rintu and Sonu Bari have been granted bail by trial court, hence, the applicant is also entitled for bail. The applicant is languishing in jail since 28.04.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate in trial.
Per contra, learned A.G.A. vehemently opposed the bail prayer of the applicant and submits that against the applicant there is credible evidence and eye-witnesses supported the prosecution
version that fire has been set by the applicant due to which two cows burnt and one cow received serious burn injuries. On perusal of injury report, injured has received injuries.
Considering the facts and circumstances of the case and submissions advanced by learned counsel for the parties and statement of eye-witnesses, evidences are against the applicant and there are direct evidence against the applicant for burning the informant's house due to which three cows died due to burn.
Looking to seriousness and gravity of offence, evidence, complicity of the accused, I do not find it is a fit case for bail to the applicant.
Accordingly, the bail application of the applicant- Kandha Singh @ Ajay Singh, involved in Case Crime No. 66 of 2022, registered under Sections 323, 504, 506, 436, 429, 427, 452, 458, 307 I.P.C., Police Station Tarwan, District Azamgarh is hereby rejected at this stage.
However, the trial court is directed to decide the trial of the case in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, preferably within a period of three months from the date of production of a certified copy of this order, if there is no other legal impediment.
Order Date :- 6.12.2022 Nitin Verma
(Deepak Verma, J.)
Digitally signed by NITIN KUMAR VERMA Date: 2022.12.06 17:19:56 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in the present bail application.
Whether the grave nature of the offence and evidence preclude grant of bail.
Kandha Singh Alias Ajay Singh
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
