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2025 DAILYLAW 108862 (ALL)

VEER BAHADUR SINGH @ SHIVRAJ SINGH v. State of U.P.

BAIL/43706/2024 · 2025-03-02

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29270 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43706 of 2024 Applicant :- Veer Bahadur Singh @ Shivraj Singh Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Tiwari Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Copy of the statement of Ranchor Singh, produced by learned AGA, is taken on record. 2. Heard learned Counsel for the applicant, Sri V.P. Tripathi, learned A.G.A. for the State and perused the record. 3. The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 34 of 2024, under Sections 147, 148, 323, 436, 427, 324, 308 I.P.C., Police Station- Churkhi, District- Jalaun during pendency of the trial. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per the allegations in the first information report five accused persons including the applicant are alleged to have assaulted the son of the informant. A vague and general role has been assigned to the applicant. In the statement of the injured the specific role of assault has been assigned to co-accused Brijraj Singh. It is next contended that identically placed co-accused Mahendra Singh and Indrapal Singh have been granted bail by this Court vide orders dated 14.11.2024 and 10.12.2024 passed in Criminal Misc. Bail Application Nos.41908 of 2014 and 44135 of 2024 respectively. The applicant claims parity. The applicant does not have any criminal history. The applicant is in jail since 24.9.2024. In case he is enlarged on bail, he will not misuse the said liberty. 5. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having heard counsel for the parties and having perused the record, this Court prima facie finds that a vague and general role has been assigned to the applicant. In the statement of the injured the specific role of assault has been assigned to co-accused Brijraj Singh. Identically placed co-accused Mahendra Singh and Indrapal Singh have been granted bail by this Court. The applicant has no criminal antecedents. Further the applicant has presently remained confined for more than five months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 7. Let the applicant, Veer Bahadur Singh @ Shivraj Singh involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not tamper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court. 8. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 3.3.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad