Bail sought under Sections 147-149, 302 IPC for a 2015 triple murder at a police outpost during a village Pradhan dispute. Court found a specific firing role against the applicant and no parity with co-accused granted bail; rejected bail but directed trial to conclude within six months.
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Neutral Citation No. - 2025:AHC-LKO:15687
Court No. - 18
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5344 of 2024
Applicant :- Haribansh Singh Alias Bhoore Opposite Party :- State Of U.P. Thru Prin. Secy. Home Lko. Counsel for Applicant :- Manoj Kumar Singh,Vinay Kumar Singh
Counsel for Opposite Party :- G.A.,Wasim Ahmad
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant, learned counsel for the complainant and learned A.G.A. for the State-respondent.
The present bail application has been filed by accused-applicant seeking bail in Case Crime No.211 of 2015, under Sections 147, 148, 149, 323, 504, 307, 302 I.P.C. and Section 7 of CLA Act, P.S. Maholi, District Sitapur.
It is alleged that according to prosecution case, the brother of the applicant wanted to contest the forthcoming election of Village Pradhan and due to that current Pradhan Harbansh Singh was inimical to the informant and his brother. On 25.6.2015, the nephew of the informant went to fair price shop then Satyendra Singh one of the family members of village Pradhan had abused Satyam and some scuffle took place and when information about the incident was given to Police outpost Bada Gaon, the informant along with brother Jitendra and other family members went to police out post at about 4 p.m. Then the village Pradhan Harbansh Singh along with 12 other named accused persons out of which nine were having fire arms and four were having lathi, bhala (sharp cutting weapon) surrounded the informant and his family members and Harbansh Sinhh exhorted and said that no one should remain
alive and by saying this Harbansh Singh shot Jitendra and in this scuffle informant's father Ram Lotan, and five others were injured as a result of firing Jitendra, Sunder Lal and Lal ji died.
Learned counsel for the applicant submits that applicant was the Gram Pradhan at the time of alleged incident. He has been falsely implicated in this case due to enmity. The delay in lodging of F.I.R. has not been explained by the prosecution at all. He submits that the applicant is in jail since 02.07.2015.
Learned A.G.A. as well as learned counsel for the complainant have opposed the bail prayer.
Learned counsel for the complainant submits that first of all the role of present applicant is distinct than that of co-accused Anoop Singh as well as Ram Gopal Singh who have been granted bail by the Supreme Court. It is submitted that specific role of causing firearm injury to the deceased Jitendra Mishra has been assigned to the present applicant, it is a heinous offence and it is not a case of parity.
Perused the record so also the post mortem report of the three deceased and statement of injured persons. The specific role of firing has been assigned to present accused. The role assigned to the co-accused is general in nature. No case of parity is made out.
Considering the gravity of the offence and the post mortem report of three persons who have died in a day light murder which took place inside the police outpost, no one from the accused side has received any injury which falsifies their case of cross-firing and the manner in which it has been executed, the role assigned to the present accused, the bail application is rejected .
However, the learned trial court is directed to expedite the trial proceedings and make an endeavour to conclude the same
within a period of six months from the date of receipt of a certified copy of this order.
Order Date :- 17.3.2025 Saurabh Yadav/-
Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the accused-applicant, assigned a specific firing role in a triple-murder case, should be granted bail.
2 provisions across 2 enactments
Haribansh Singh Alias Bhoore
State Of U.P. Thru Prin. Secy. Home Lko.
Karunesh Singh Pawar
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
