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2017 DIGILAW 55 (UTT)

LAKHBEER SINGH v. STATE OF UTTARAKHAND

2017-01-12

U.C.DHYANI

body2017
JUDGMENT U.C. Dhyani, J. 1. Applicant Lakhbeer Singh, seeks bail in FIR no. 124 of 2015, u/s 147, 148, 149, 302, 307, 504, 506, 34 IPC, relating to P.S. Sitarganj, District Udham Singh Nagar. 2. Heard learned counsel for the parties, perused the documents brought on record and considered the grounds taken up in the bail application. 3. Supplementary affidavit is taken on record. Misc. application no. 5918 of 2016 made therefor is disposed of. 4. Co-accused Angrez Singh, with identical role, has already been granted bail by the Hon’ble Supreme Court vide order dated 16.12.2016, with the following observations: “3. Taking into account the statement recorded under Section 161 Cr.P.C. and the fact that the co-accused have been released on bail and also having regard to the period of custody suffered i.e. since 30th September, 2015, we are of the view that the accused appellant is entitled to be released on bail. We order accordingly. Therefore, the appellant is ordered to be released on bail to the satisfaction of the learned trial court in connection with case crime no. 124 of 2015, registered with Police Station Sitarganj, District Udham Singh Nagar. 4. The learned trial court is free to impose appropriate condition(s) as he deems fit. 5. Consequently, the orders of the High Court are set aside and the present appeals are disposed of in the above terms. We make it clear that the observations in the present order are only for the purpose of entitlement of the accused appellant to bail.” 5. Co-accused namely, Harjeet Singh @ Kala, Prabhjot Singh and Bittu alias Tejvindear Singh, Surjeet, Harpal Singh, Ranjeet Singh, Manjeet Singh @ Manga and Manveer Singh have been directed to be enlarged on bail by the co-ordinate bench of this Court vide orders dated 18.02.2016 and 19.02.2016 respectively. Other co-accused namely, Jagvir Singh and Dalveer Singh have also been granted bail by another co-ordinate Bench of this Court vide order dated 18.11.2016. Co-accused Gurdev Singh has also been granted bail by this Court vide order dated 11.01.2017. 6. Learned counsel for the complainant opposed the bail, inter alia, on the ground that one of the co-accused Harpal Singh is absconding and there is every likelihood that the present applicant will also flee away from justice, if he is enlarged on bail. Co-accused Gurdev Singh has also been granted bail by this Court vide order dated 11.01.2017. 6. Learned counsel for the complainant opposed the bail, inter alia, on the ground that one of the co-accused Harpal Singh is absconding and there is every likelihood that the present applicant will also flee away from justice, if he is enlarged on bail. To this, learned counsel for the applicant submitted that the applicant is ready to deposit his passport with the court concerned and is also ready to furnish reliable sureties to the satisfaction of the court concerned, if he is granted bail. 7. This Court is, therefore, of the opinion that present applicant should also be granted bail on the ground of parity. 8. The bail application is allowed. 9. Let the applicant be released on bail on his executing a personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of court concerned. 10. A further condition would be that the applicant shall deposit his passport with the trial court and such passport shall not be released till the conclusion of the trial. 11. If at any point of time, it is found that the applicant is misusing bail, the learned court below shall be at liberty to cancel his bail, in accordance with law.