Allahabad High Court
Mandeep Singh vs State Of U.P. on 23 September, 2019
Author: Rajesh Singh Chauhan
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 12 Case :- BAIL No. - 8391 of 2019 Applicant :- Mandeep Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Aman Kuamar Srivastava,Dharmendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J.
Heard Sri Aman Kumar Srivastava, learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been preferred by the applicant, Mandeep Singh, who is involved in Case Crime No.13 of 2019, under Sections 307, 324, 325, 504 & 506 I.P.C. Police Station-Singahi, District- Kheri.
Learned counsel for the applicant has submitted that the applicant has falsely been implicated in this case. He has further submitted that the Bail Application No.4042 of 2019; Gurjant and another vs. State of U.P. was filed before this Court and this Court vide order dated 28.05.2019, which is contained as Annexure No.11 to this bail application, granted bail of Gurjant Singh rejecting the bail of Balvinder Singh. While rejecting the bail of Balvinder Singh, this Court was of the opinion that role of inflicting the firearm injuries has been assigned to Balvinder Singh and the cause of death of the injured is firearm injuries. However, appreciating the fact that no specific role has been assigned to Gurjant Singh causing the injuries upon the injured, therefore, the bail of Gurjant Singh was granted by this Court. On the same footing, seeking parity of bail being granted to Gurjant Singh, another co-accused Mahendra Singh has filed the bail application bearing Bail No.5957 of 2019 and this Court vide order dated 02.07.2019 granted the parity to Mahendra Singh and enlarged on bail Therefore, learned counsel for the applicant has submitted that the role of Gurjant Singh and Mahendra Singh is at par with the present applicant i.e. Mandeep Singh, therefore, he may be granted bail on the ground of parity.
Learned A.G.A. has however opposed the prayer for bail but could not dispute the aforesaid submission of learned counsel for the applicant.
Without expressing any opinion on merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and for the period for which he is in jail, the applicant is entitled to be released on bail in this case.
Let the applicant, Mandeep Singh, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two local and reliable sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 23.9.2019 Suresh/ [Rajesh Singh Chauhan,J.]