Natthi Singh and 2 Others v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38399 of 2023 Applicant :- Natthi Singh And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Birendra Singh,Shivendra Singh Bhadauria Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard learned counsel for the applicants, learned AGA for the State-respondent and perused the record.

¶2The instant bail application under Section 439 Cr.P.C. has been filed with a prayer to enlarge the applicants on bail in Case Crime No. 429 of 1984, under Sections 147, 148, 149, 323, 324, 307 IPC, Police Station Sadabad, District Hathras, during the pendency of trial.

¶3Counsel for the applicants submits that the applicants have been falsely implicated in the instant case. As per the prosecution case, twenty four persons including the applicants are alleged to have caused injury to the informant and other persons. A vague and general role has been assigned to the applicants. The applicants are aged about 80 years. It is next contended that identically placed co-accused Bhagwan Singh and Bhuri Singh have been granted bail by this Court in Criminal Misc. Bail Application No. 37699 of 2023 vide order dated 06.09.2023. The charges have been framed against the applicants only on 08.08.2023. The applicants are in jail since

25.07.2023 having no criminal history and in case they are enlarged on bail, they will not misuse the said liberty.

¶4Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having 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 applicants. Identically placed co-accused Bhagwan Singh and Bhuri Singh have been granted bail by this Court. The applicants have no criminal antecedents. The applicants have remained confined for more than three months and 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 delay the trial 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.

¶6Let the applicants Natthi Singh, Bani Singh and Omveer Singh involved in the aforesaid case be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that they:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence; and,

(iii) shall not pressurize the prosecution witnesses.

¶7In 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 :- 31.10.2023 Lbm/- High Court of Judicature at Allahabad