Allahabad High Court
Niranjan Singh vs State Of U.P. on 6 February, 2020
Author: Rajendra Kumar-Iv
Bench: Rajendra Kumar-Iv
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4824 of 2020 Applicant :- Niranjan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Sudhir Kumar Tripathi Counsel for Opposite Party :- G.A.,Manoj Kumar Hon'ble Rajendra Kumar-IV,J.
Heard Sri Sudhir Kumar Tripathi, learned Counsel for the applicant, learned A.G.A. for State as well as Sri Pranshu Gupta, Advocate holding brief of Sri Manoj Kumar, learned Counsel for informant and perused the material available on record.
Accused-applicant, involved in Case Crime No.853 of 2019, under Sections 147, 148, 149, 323, 307 and 386 IPC, Police Station Cantt., District Gorakhpur, applied for bail.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case due to enmity. He has committed no offence. Prosecution story is false and fake. Role of firing upon Manoj is assigned to co-accused Guddu as per statement of victim Manoj. In statement under Sections 161 Cr.P.C. victim Manoj Yadav states that accused Guddu shot fire upon him which hit in his abdomen. None of witness assigned role of firing to accused-applicant. The recovery shown by the police from the applicant is false and fake. There is no independent witness to support the prosecution case. Applicant is in jail since 25.10.2019. It is further submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. Due to heavy pendency of cases in the Court, there is no possibility of early conclusion of the trial.
Learned A.G.A. as well as learned Counsel for the informant have opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant and submitted that applicant along-with other accused person assaulted the victim.
Considering the facts and circumstances of the case, rival contentions canvassed on either side, detention of applicant in jail, severity of punishment in case of conviction, allegations levelled against the applicant, role of applicant and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Niranjan Singh be released on bail in the aforesaid case crime on his furnishing a personal bond and two heavy reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities or case.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 6.2.2020 I.A.Siddiqui