Allahabad High Court
Ramwant Singh vs State Of U.P. on 8 July, 2019
Bench: Aniruddha Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24217 of 2019
Applicant :- Ramwant Singh
Opposite Party :- State Of U.P.
Counsel for Applicant :- Ghanshyam Chaubey,Awadhesh Kumar Pandey,Chandra Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Ram Janam Singh, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as Smt. Ladlee Pandey, learned AGA for the State and perused the record.
According to the prosecution case, the F.I.R. was lodged against ten accused persons including the applicant alleging that on 7.10.2011, they shot fire at Ram Pravesh, Veer Bahadur Singh and Vishesh @ Ankit Singh. He specifically stated in the F.I.R. that Ramvant Singh shot fire at Rampravesh on chest, resultantly died. Vijay Singh shot fire at Veer Bahadur Singh and Amit Singh shot fire at Vishesh @ Ankit Singh, they recieved gun shot injuries.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present. There is no possibility to get this case decided in short period in future. Injured Veer Bahadur Singh stated that at morning, some unknown persons shot fire at deceased and injured. There is no independent witness against the applicant. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 4.11.2011 (more than eight year and eight months) having no criminal history.
Learned A.G.A. and learned counsel for complainant opposed the prayer for bail and submitted that applicant is main accused and killed the deceased by shot fire. Bail of co-accused Amit Singh @ Jhabbbar and Sanjay Singh have already been rejected by co-ordinate Bench of this Court vide order dated 12.8.2014 and 10.5.2018. Trial is going on. Hence he is not entitled for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegation and gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence the bail application of applicant Ramwant Singh involved in Case Crime No. 421 of 2011, under Sections 147, 148, 149, 427, 307, 302, 34 IPC, P.S. Lar, District Deoria is hereby rejected at this stage.
It is directed from the court concerned to decide the case expeditiously according to Section 309 Cr.P.C. on day to day basis. District Judge, Deoria is directed to monitor the case in the monthly meeting of Monitoring Cell.
S.S.P./S.P., Deoria and District Magistrate, Deoria are directed to ensure presence of witnesses summoned by the court concerned.
Office is directed to send a copy of this order through FAX, e-mail and speed post within three days from today to S.S.P./S.P., Deoria & District Magistrate, Deoria and court concerned for necessary compliance.
Order Date :- 8.7.2019
A. Singh
