Allahabad High Court
Thaan Singh vs State Of U.P. on 8 July, 2020
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18674 of 2020 Applicant :- Thaan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
Heard Sri Pankaj Kumar Shukla, learned counsel for the applicant, Sri Raj Kamal, learned A.G.A. and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Thaan Singh seeking enlargement on bail during trial in connection with Case Crime No. 179 of 2019, under Sections 147, 307, 504, 506, 306 IPC, registered at P.S. Surir, District Mathura.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. He further argued on the strength of dying declaration of one of the deceased Jogendra Singh, copy of which is annexed as annexure no. 4 to the affidavit, that name of the applicant appears in the same but without any overt act or direct implication. He further argued that in the present matter the dispute between the applicant and Babloo is with regard to some landed property and with Satpal for outraging modesty of Smt. Chandrawati Devi, the wife of the deceased Jogendra Singh, for which they tried to lodge F.I.R. but which was not registered as a result of which they went to the police station and outside the police station set themselves on fire and committed suicide.
It is next argued that the first information report has been lodged belatedly implicating the applicant with totally false and incorrect allegations. It is further argued on the strength of para-19 of the affidavit that the applicant is a senior citizen and is not involved in any other criminal case. It is argued that he is in jail since 07.9.2019 in a case in which he has been falsely implicated. Further it is argued that essential ingredients of Section 306 I.P.C. are lacking in the present case.
Per contra, learned AGA vehemently opposed the prayer for bail and argued that the applicant is named in the F.I.R. and there are specific allegations against him and other co-accused persons. It is further argued that even the post mortem examination report shows that both the deceased died as a result of burn injuries. It is next argued that the present case is one in which two persons have lost their lives who are Jogendra Singh and his wife Smt. Chandrawati Devi and there is no reason coming henceforth for false implication of the applicant.
After having heard learned counsel for the parties and perusing the record it appears that it is a case in which two persons have lost their lives and the applicant is named in the F.I.R., I do not find it to be a fit case to release the applicant on bail.
The bail application is, accordingly, rejected.
Order Date :- 8.7.2020 Naresh (Samit Gopal,J.)