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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 ..... MENT Aniruddha Bose, J. 1. Leave granted in both the appeals. 2. These appeals arise out of two orders passed by the High Court on 11th September, 2019 granting bail to two Accused persons, Vikram Singh@ Vikki (in SLP(Crl.) No. 9207/2019) and Malkhan Singh (in SLP(Crl.) No. 9209/2019) arraigned in a criminal case initiated on the basis of a First Information Report dated 7th February 2009. The said report was made by Prabhakar Tewari, being the Appellant (in both the appeals) in Police Station Jagadishpur in the State of Uttar Pradesh. 3. The Appellant is the son of the deceased victim, Purushottam Dutt Tiwari. He was assaulted by gunshots on 7th February, 2019 at about 4.00 p.m. while returning to his residence after attending the Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 019. It has been pointed out that the applicant has criminal history which has been duly explained in the rejoinder affidavits. It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the 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 facts as argued by the learned Counsel for the applicant. 4. Learned Counsel for the Appellant has submitted that the Accused Vikram Singh is involved in at least five other criminal cases under the same Police Station, Jagdishpur. He has also brought to our notice the witness statement of one Narendra Dev Upadhya ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f occurrence itself. Two individuals, Rahul Tiwari and Narendra Dev Upadhyay, whose statements have been recorded Under Section 161 of the 1973 Code also refer to involvement of the Accused Vikram Singh. 6. In the case of Mahipal v. Rajesh Kumar @ Polia and Anr. (Criminal Appeal No. 1843 of 2019) decided on 5th December, 2019, a coordinate Bench of this Court has discussed the scope of jurisdiction of the appellate Court in setting aside an order of granting bail. The two key factors for interfering with such an order are non-application of mind on the part of the Court granting bail or the opinion of the Court in granting bail is not borne out from a prima facie view of the evidence on record. In the case of Maulana Mohammed Amir Rashadi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n in the same FIR which forms subject matter of SLP(Crl.) No. 9207/2019. The submissions on the basis of which the Accused arraigned in the same case was granted bail would appear from the following passage of the order of the High Court: Learned Counsel for the applicant submits that Accused applicant has falsely been implicated in the present case. It is further submitted that the alleged incident took place on 07.02.2019 and statement of independent witness Narendra Dev Upadhyay was recorded after a span of 52 days. It is also submitted that there is no recovery from the applicant, which may lead towards his involvement in the commission of alleged crime. No specific role has been assigned to the applicant. The Accused applicant is lan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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