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2025 DAILYLAW 9135 (ALL)

GYAN SINGH v. STATE OF U.P.

BAIL/1773/2025 · 2025-02-13

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21891 Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1773 of 2025 Applicant :- Gyan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Srivastava Counsel for Opposite Party :- G.A.,Ratnesh Mishra,Shubham Kumar Dubey Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A for the State and perused the material brought on record. 2. The present bail application has been filed on behalf of the applicant in Case Crime No. 193 of 2020, under Sections - 147, 148, 149, 302, 307, 302, 452, 323, 504, 506 I.P.C. and Section - 7 Criminal Law Amendment Act, Police Station - Koraon, District - Allahabad, with the prayer to enlarge the applicant-accused on bail. 3. It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated. It was submitted that F.I.R. has been lodged against 22 named persons, including applicant. The allegation that applicant was not involved in any such incident, is false. Nothing has been recovered from applicant. Learned counsel has referred statement of alleged witness Sushil and submitted that no specific role has been assigned to applicant. Statements of other eye-witnesses were also referred and it has been submitted that the involvement of applicant in the incident is doubtful. It was stated that as per prosecution version the death of deceased Indra Bahadur was caused by applicant and co-accused Shiv Narayan, Ravi Singh, Dheer Singh and Ram Singh but no specific role was assigned to him. 4. It is further submitted that similarly placed co-accused Ravi Singh, Shiv Narayan and some other co-accused persons have been granted bail by this Court and by the co-ordinate Benches of this Court. During trial, only three witnesses have been examined so far. Lastly, it was submitted that the applicant-accused is languishing in jail since 20.05.2020, having no criminal history, and that in case the applicant-accused is released on bail, he will not misuse the liberty of bail and will co-operate in trial. 5. Learned A.G.A. and learned counsel for the informant have opposed the prayer for bail and submitted that in the alleged incident, three persons were murdered and some were injured and that applicant is named in the first information report. However, it could not be disputed that similarly placed co-accused persons have already been granted bail. 6. I have considered the rival submissions and perused the record. 7. Perusal of record shows that as per prosecution version murder of deceased Indra Bahadur was committed by applicant and co- accused Shiv Narayan, Ravi Singh and Dheer Singh, by assaulting him. Similarly placed co-accused Shiv Narayan and Ravi Singh have already been granted bail by this Court and by the co-ordinate Bench of this Court, copies of which are available on record. 8. Considering submissions of learned counsel for the parties, nature of accusations, period of detention and all attending facts and circumstances of the case, without expressing any opinion on the merits, a case for bail is made out. 9. The bail application is allowed. 10. Let the applicant - Gyan Singh involved in aforesaid case be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: i. The applicant shall not tamper with the evidence during the trial. ii. The applicant shall not pressurize/ intimidate any of the prosecution witness. iii. The applicant shall appear before the trial court on the date fixed, unless his personal presence is exempted. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. v. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 11. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant in accordance with law. Order Date :- 14.2.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad