Sughad Singh v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48627 of 2023 Applicant :- Sughad Singh Opposite Party :- State of U.P. Counsel for Applicant :- Yogesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard learned counsel for the applicant and Sri Anupam Anand, learned Brief Holder for the State-opposite party.

¶2The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 225 of 2023, under Sections 147, 148, 149, 452, 323, 307, 504, 506 I.P.C., Police Station Khandauli, District Agra during the pendency of the trial.

¶3Learned 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, the applicant along with two others is alleged to have fired at the informant. However, no person received any firearm injury. The injuries sustained by the injured are not caused by firearm. It is next contended that identically placed co-accused Kalicharan @ Karuva and Rakesh have been granted bail by this Court in Criminal Misc. Bail Application No. 34120 of 2023, Kalicharan @ Karuva and another v. State of U.P., vide order dated 04.08.2023. The applicant claims parity. The criminal history of the applicant has been explained in Paragraphs-4 and 5 of the supplementary affidavit. The applicant is in jail since 23.10.2023 and if he is released on bail, he will not misuse the said liberty.

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

¶5Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that injured does not sustain any firearm injury. Identically placed co-accused Kalicharan @ Karuva and Rakesh have been granted bail by this Court. Moreover, the applicant has remained confined for almost one and half month and after submission of the charge-sheet there is no hope of early conclusion of trial, 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, therefore, 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 applicant-Sughad Singh, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he:

(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 :- 14.12.2023 SKT/- High Court of Judicature at Allahabad