Allahabad High Court
Murali Singh And Another vs State Of U.P. on 6 August, 2021
Author: Raj Beer Singh
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 53 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14653 of 2021 Applicant :- Murali Singh And Another Opposite Party :- State of U.P. Counsel for Applicant :- Sudist Kumar Counsel for Opposite Party :- G.A.,Nirvikalp Pandey Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants, Ms. Divyajyoti Pandey, learned Advocate holding brief of Ms. Nirvikalp Pandey, learned counsel for the informant and learned A.G.A. for the State.
According to the prosecution version the first informant was lodged against seven persons including applicants alleging that on 18.12.2020 at 10.30 AM, on the exhortation of applicants Murali Singh and Gopal Singh, the co-accused Banti Singh, Satyam Singh and Shiva Singh @ Abhishek made indiscriminate firing at deceased, who died of fire-arm injuries.
It has been argued by learned counsel for the applicants that the applicants are innocent and they have been falsely implicated in this case. As per prosecution version, only the role of exhortation has been attributed to applicants and that applicants were having no weapons. As per prosecution version, the fire at deceased has been made by co-accused Banti Singh, Satyam Singh and Shiva Singh @ Abhishek. Learned counsel has referred the statement of alleged eye-witnesses and submitted that all the witnesses have attributed only the role of exhortation to applicants and except that no specific role was assigned to them in the alleged incident. Criminal history of three cases has been shown against applicant Murali Singh and out the them, one case pertains to Case Crime No.219 of 2001, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S. Sarlakhanshi, District Mau and another case is under Sections 452, 504, 506 IPC and third case crime no. 25-A of 2004, which is under Sections 147, 323, 326, 504, 506, 354 I.P.C. and Section 3(1)X SC/ST Act, P.S. Sarlakhanshi, District Mau. Criminal history of one case, being Case Crime No.219 of 2001, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S. Sarlakhanshi, District Mau has been shown against applicant Gopal Singh. It was submitted that criminal history of applicants has been duly explained in supplementary affidavit. It has been submitted that similarly placed co-accused Suryabhan Yadav and Jamuna Gupta have already been enlarged on bail by co-ordinate Benches of this Court, vide orders dated 20.07.2021 and 1.07.2021, passed in Criminal Misc. Bail Application Nos.-13922 of 2021 and 19318 of 2021 respectively. It has been further submitted that applicants are languishing in jail since 25.12.2020 and that in case, the applicants are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail and argued that applicants are named in first information report and that incident is quite serious, however, it has not been disputed that only role assigned to applicants is that of exhortation only.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicants have made out a case for bail.
The bail application is allowed.
Let the applicants Murali Singh and Gopal Singh involved in Case Crime No.860 of 2020, under Sections 147, 148, 149, 302 and 120-B IPC, P.S. Sarailakanshi, District Mau be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicants shall not tamper with the evidence during the trial.
2.The applicants shall not pressurize/ intimidate the prosecution witness.
3.The applicants shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5.The applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 6.8.2021 Neeraj