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TMI Blog2020 (1) TMI 1528X X X X Extracts X X X X X X X X Extracts X X X X ..... non-application of mind or the reason for granting bail is not borne out from a prima-facie view of the evidence on record. The offence alleged no doubt is grave and serious and there are several criminal cases pending against the Accused. These factors by themselves cannot be the basis for refusal of prayer for bail. The Accused has been in custody for about seven months. In this case also, there are no error or impropriety in exercise of discretion by the High Court in granting bail to the Accused Malkhan Singh. The order of High Court is affirmed - appeal dismissed. - Criminal Appeal No. 152 of 2020 (Arising out of Special Leave Petition (Crl.) No. 9207/2019) and Criminal Appeal No. 153 of 2020 (Arising out of S.L.P. (Crl.) No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s direct assailants. Said Vikram Singh in the First Information Report has been named as the person by whom the incident has been committed . In his statement recorded on the next day i.e. 8th February, 2019, the Appellant had named Vikram Singh as the person who had conspired to commit the said crime. Vikram Singh was taken into custody on 19th March 2019. The High Court, while granting bail to the Accused Vikram Singh recorded the submission of his learned Counsel as also that of the learned A.G.A., who had opposed the prayer for bail, in the following terms: Learned Counsel for the applicant submits that Accused applicant has falsely been implicated in the present case. It is further submitted that statement of independent witness Na ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r 7 accomplices and all of them were talking about plans of killing the victim. Learned Counsel for the State of Uttar Pradesh supported the Appellant's stand. Mr. C.A. Sundram, learned senior Counsel for the Accused contested the present appeal. His main argument is that the statement of Narendra Dev Upadhyay, on which reliance was placed by the prosecution and the Appellant was recorded after fifty days from the date of occurrence of the incident. On the question of granting bail, Mr. Sundram has argued, such a statement was unreliable. He has also submitted that even as per the F.I.R. or the witness statements recorded Under Section 161 of the Code of Criminal Procedure, 1973, his client was not named as having participated in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Having regard to the circumstances of this case, in our opinion, there has been no wrong or improper exercise of discretion on the part of the High Court in granting bail to the Accused. The factors outlined in the case of Mahipal (supra) for testing the legality of an order granting bail are absent in the order impugned. The materials available do not justify arriving at the conclusion that the order impugned suffers from non-application of mind or the reason for granting bail is not borne out from a prima-facie view of the evidence on record. The offence alleged no doubt is grave and serious and there are several criminal cases pending against the Accused. These factors by themselves cannot be the basis for refusal of prayer for bail. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by the learned Counsel for the applicant. 9. The Accused is Malkhan Singh in this appeal. He was named in the FIR by the Appellant Prabhakar Tewari as one of the five persons who had intercepted the motorcycle on which the deceased victim was riding, in front of Warisganj Railway Station (Halt) on the highway. All the five Accused persons, including Malkhan Singh, as per the F.I.R. and majority of the witness statements, had fired several rounds upon the deceased victim. The statement of Rahul Tewari recorded on 15th March, 2019, Shubham Tewari recorded on 12th April, 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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