Allahabad High Court
Dalveer Singh vs State Of U.P. on 23 August, 2017
Bench: Vijay Lakshmi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 19
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23404 of 2015
Applicant :- Dalveer Singh
Opposite Party :- State Of U.P.
Counsel for Applicant :- Neeraj Kumar Sharma,Rajiv Lochan Shukla
Counsel for Opposite Party :- Govt.Advocate,K.M. Tripathi,Pankaj Sharma
Hon'ble Mrs. Vijay Lakshmi,J.
Supplementary affidavit by learned counsel for the applicant and counter affidavits by learned A.G.A and learned counsel for the complainant filed today are taken on record.
Heard Sri Rajiv Lochan Shukla, learned counsel for the applicant, Sri K.M. Tripathi, learned counsel for the complainant and learned A.G.A. representing the State. Perused the record.
Learned counsel for the applicant has contended that the applicant is innocent and he has been falsely implicated in this case due to enmity of several previous criminal cases lodged by the first informant against the applicant as in all those cases the applicant has been enlarged on bail. It is further submitted that the F.I.R. in this case has been lodged against as many as three named accused persons and two unknown persons without assigning any specific role to the applicant. All the accused persons have been assigned the general role of indiscriminate firing in the FIR, however, the deceased has suffered only a single gun shot injury which is evident from a perusal of the injury report (Annexure - 3) and it is not clear as to who is the author of such injury. It is further submitted that if the motive was against the first informant/complainant then there was no reason to kill his uncle. It is further submitted that apart from the cases lodged earlier by the complainant, the applicant has no other criminal history. It is lastly submitted that the applicant is languishing in jail since 15.11.2014, there is no likelihood of early disposal of trial as only a single witness has been examined so far and the applicant undertakes that if released on bail, he will never misuse his liberty and will cooperate in the trial.
Per contra learned A.G.A. and learned counsel for the complainant have vehemently opposed the bail application by drawing the attention of this Court towards the post-mortem report (annexure-4) showing as many as six ante mortem injuries.
Learned counsel for the applicant submits that except injury no. 3, all other injuries are stitched wounds apparently caused during treatment of the deceased. The injury report clearly shows that only a single gun shot injury was found on the body of the deceased.
After perusing the record in the light of the submissions made at the Bar, considering the entire facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Let the applicant Dalveer Singh, who is involved in Case Crime No. 572 of 2014, under Sections 147, 148, 149 and 302 I.P.C., Police Station Hathras Gate, district Hathras be released on bail on his executing a personal bond and furnishing two reliable sureties each in the like amount to the satisfaction of the Court concerned subject to the following conditions : -
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. .
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 23.8.2017
S.B.
