Sheru @ Sher Singh vs State Of U.P.
2019 Latest Caselaw 3393 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16949 of 2019
 

 
Applicant :- Sheru @ Sher Singh
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Mohd. Samiuzzaman Khan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

Learned counsel for the applicant submits that the FIR of the alleged incident was lodged against 5 persons including the applicant making general allegation for committing marpit with deceased. In FIR no weapon has been shown in the hands of applicant as well as other co-accused. In the statement of Smt. Pinki, wife of the deceased it has come that the applicant and other co-accused committed marpit with deceased with Lathi and Danda. A country made pistol has also been shown in the hands of applicant. According to postmortem report no gun shot injury has been found on the body of the deceased. The cause of death of the deceased has been shown Coma as a result of ante mortem head injury but it is not specified as to who is the author of this head injury. It is further argued that recovery of Danda and country made pistol has been shown on the pointing out of the applicant. False recovery has been planted against the applicant. There is general allegation against the applicant. The co-accused Kiran Pal, Ankit, Suneel and Srikrishna have already been released on bail by another bench of this court vide orders dated 8.4.2019, 26.3.2019 and 14.3.2019 respectively, therefore, the applicant is also entitled for bail. The applicant has no criminal history and is in jail since 20.9.2018.

Per contra; learned A.G.A. has opposed the prayer for bail.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Sheru @ Sher Singh involved in Case Crime No. 586 of 2018, under section 302, 342/34, 147, 148 IPC, P.S. Bhojpur, District Ghaziabad be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

1. The applicant will not tamper with the evidence.

2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.

Order Date :- 24.4.2019

Masarrat