Allahabad High Court
Ashish Singh @ Lakki Singh vs State Of U.P. on 10 December, 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 54 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34084 of 2020 Applicant :- Ashish Singh @ Lakki Singh Opposite Party :- State of U.P. Counsel for Applicant :- Satyendra Narayan Singh,Rajesh Kumar Mishra Counsel for Opposite Party :- G.A.,Virendra Singh Parmar Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Satyendra Narayan Singh, learned counsel for the applicant, Sri Virendra Singh Parmar, learned counsel for the informant and Sri G.P. Singh, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 121 of 2020 under Sections 302 and 120B I.P.C., P.S. Mauaima, District Allahabad.
As per F.I.R. which has been lodged by one Raghvendra Pratap Singh, his father, Kulvendra Singh was sleeping in the Court-yard of his house on 8.03.2020 and it was then that some unknown persons had made assault upon him by rod and hammer and wife of the deceased was also sleeping by his side and when at about 1:00 a.m. in night, she had woken up, she found that her husband was taking long breath and was lying smeared with blood. Police was informed about this incident by dialing 112 number. Thereafter during treatment, deceased died in hospital. In post-mortem report, one injury on right side of head was found which was stitched and rest of the two injuries were contusions. Cause of death of the deceased was found to be ante-mortem head injury.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; applicant is innocent. He has drawn attention of the Court towards the statement of wife of deceased, Smt. Krishna Singh who on 25.03.2020 i.e. after a long time since occurrence has taken place, has stated that in hurry, his son had lodged the F.I.R. against unknown persons although her husband was got killed by Shailendra Singh @ Guddu in well though out plan in collusion with co-accused, Ankur Singh and Ashish as Shailendra Singh was having property dispute with her husband but learned counsel for the applicant has stated that the said statement is an after thought statement. It is further argued that blood stained axe, which is said to have been used in offence, was recovered at the pointing out of applicant and other co-accused from the room but the same has not been sent to F.S.L. for being tested to ascertain as to whether the same was used in commission of offence. He is in jail since 6.04.2020; he has no criminal history; if the accused is released on bail, he will not misuse the liberty of bail.
Learned counsel for the informant and learned A.G.A. have opposed the bail and learned counsel for the informant has drawn attention of the Court towards the statement of Pratima Singh, daughter of the deceased who has stated the same version as that of wife of the deceased and attention of the Court has also been drawn towards the F.I.R. lodged by son of the deceased, Raghvendra Pratap Singh stating that father of the applicant was named in the said F.I.R. and it is mentioned therein that in the said case, pressure was being exerted upon the son of the deceased to withdraw the present case i.e. Crime No. 121 of 2020, therefore, it is argued that applicant might have killed the deceased in collusion with other co-accused.
Looking to the fact that there is no eye-witness of this occurrence, conjecture has been made, only circumstantial evidence is being produced against the applicant, quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant, Ashish Singh @ Lakki Singh involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Order Date :- 10.12.2020 A. Mandhani