Allahabad High Court
Mandeep Singh vs State Of U.P. on 20 January, 2021
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 29 Case :- BAIL No. - 3261 of 2020 Applicant :- Mandeep Singh Opposite Party :- State of U.P. Counsel for Applicant :- Vyas Narayan Shukla Counsel for Opposite Party :- Govt. Advocate Hon'ble Mohd. Faiz Alam Khan,J.
Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused/applicant-Mandeep Singh for grant of bail, in Case Crime No. 137 of 2019 under Sections 302, 201/34 and 120-B I.P.C, Police Station Fursatganj, District Amethi, during trial.
Learned counsel for the accused-applicant while pressing the bail application submits that the applicant is an innocent person and he has been falsely implicated in this case due to political enmity and no offence as claimed by the prosecution has been committed by him.
It is further submitted that the F.I.R. of the incident was lodged by the informant on 17.10.2019 wherein nobody was named. However, after one month of lodging of this First Information Report, an application was moved by the informant implicating the applicant and other co-accused persons. It is overwhelmingly submitted that the implication of the applicant and other co-accused person in the crime is afterthought and could not be believed.
It is further submitted that it is also the case of the prosecution that instant applicant was arrested by the police and he had confessed his guilt in police custody and on his pointing two 'Bankas' used in the crime were recovered. However, the confessional statement of the applicant, though could not be taken into consideration as the same has been given in the police custody, would only reveal that the actual assault on the deceased with 'banka' was made by co-accused Dharmendra Singh and Randheer Singh, while the role of the instant applicant and co-accused Mohit Singh was holding of the feet of the deceased and, therefore, the recovery of two 'bankas' at the instance of the applicant would not make the case of the applicant distinguishable from the case of co-accused Mohit Singh, who has already been granted bail by a co-ordinate Bench of this court, vide order dated 04.03.2020 passed in Bail No. 2276 of 2020.
It is also submitted that even if the case of the prosecution is taken on its face value, the motive for the crime was only available to co-accused Dharmendra and the applicant was not having any concern with the bad blood, which had occurred in between Dharmendra and the deceased as it has been stated that the deceased had caught hold hand of the wife of Dharmendra some days before the incident and this enmity has been stated to have resulted in the murder of the deceased.
It is also submitted that charge-sheet in the matter has already been submitted and the applicant is in jail in this matter since 19.11.2019 and there is no apprehension that after being released on bail he may flee from the course of law or may otherwise misuse the liberty.
It is further submitted that co-accused of the crime, namely Dharmendra Singh has also been granted bail by a co-ordinate Bench of this court, vide order dated 22.10.2020 passed in Bail No. 3658 of 2020 and the role of the applicant is on better footing than that of the co-accused Dharmendra Singh to whom the role of assault has been assigned.
It is next submitted that criminal history of one case has been alleged against the applicant and the same has been explained in the rejoinder affidavit filed by the applicant.
Learned A.G.A., however, opposes the prayer for bail of the applicant, but could not controvert the other factual submissions made by the learned counsel for the accused-applicant.
Having regard to the overall facts and circumstances of the case and keeping in view the submissions made by learned counsel for the applicant I find substance only for the purpose of releasing the applicant on bail. The bail application is, thus, allowed.
Let the applicant-Mandeep Singh involved in the aforesaid case be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) 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.
Order Date :- 20.1.2021 Praveen