Allahabad High Court
Guddu Singh Alias Jaiverdhan ... vs State Of U.P. on 20 May, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20956 of 2019
Applicant :- Guddu Singh Alias Jaiverdhan Singh
Opposite Party :- State Of U.P.
Counsel for Applicant :- Vikas Tripathi, ,Rajiv Lochan Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Supplementary affidavit filed on behalf of the applicant, is taken on record.
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 applicant and co-accused Deepak Yadav making general allegation for committing marpit with deceased. The informant Sawan Singh is not the eye witness of the alleged incident. In his statement recorded under section 161 Cr.P.C. he had stated that he had seen the applicant and co-accused Deepak Yadav running from the place of occurrence. In the statement of Subhash Singh it has come that on 8.2.2019 the deceased was sleeping in his Madaha. Due to old enmity the applicant and co-accused Deepak Yadav took away the deceased at Rambali hotel where they committed murder of the deceased at about 12 O'clock in the night. Atendra Kumar Gaud is the hotel owner. He has stated that applicant and co-accused Deepak Yadav committed marpit with deceased with kicks and fists. He had not shown any weapon in the hands of applicant and co-accused. As per postmortem report 7 injuries have been found on the body of the deceased which are contused swelling and contusion. The injuries shown in the postmortem report could not be caused by kicks and fists. It appears that no one had seen the incident. This is night incident. Unknown person have committed the murder of the deceased and thereafter in the morning the FIR has falsely been been lodged against the applicant and co-accused Deepak Yadav. The co-accused Deepak Yadav having identical role has already been released on bail by another bench of this court vide order dated 26.4.2019 in Criminal Misc. Bail Application No. 17279 of 2019, therefore, the applicant is also entitled for bail on the ground of parity. The criminal history of the applicant has been explained in para 3 of the supplementary affidavit filed in support of bail application. The applicant is in jail since 10.2.2019.
Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Deepak Yadav having identical role has already been released on 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 Guddu Singh alias Jaiverdhan Singh involved in Case Crime No. 25 of 2019, under section 302 IPC, P.S. Jafrabad, District Jaunpur 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 :- 20.5.2019
Masarrat
