Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12752 of 2019 Applicant :- Caiptan Man Singh @ Rajan Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajai Kumar Malviya,Sanjay Vikram Singh Counsel for Opposite Party :- G.A.,Manoj Kumar Yadav
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Caiptan Man Singh @ Rajan Singh has prayed to release him on bail in Case Crime No. 289 of 2018, u/s 307 I.P.C., P.S. Badlapur, District Jaunpur.
Heard learned counsel for the applicant, learned counsel for informant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number on the basis of enmity. The occurrence was said to be of 18.45 hours on 15.11.2018 whereas report was got lodged on 16.11.2018 at 1.13 hours for an offence punishable u/s 307 I.P.C. against Rajan Singh and one unknown with this contention that the informant's nephew Harinath Yadav while being on his motorcycle no. UP 62 U8460 was on his way to his home from Badlapur and when he turned from Muradpur Canal Road to Roopchandpur at about 6.45 P.M. Rajan Singh along with other gave blow of firearm shot over his back resulting his falling down and Rajan Singh ran from the spot. It was instantly informed to the informant, who rushed to the spot and took the injured to Hospital at Badlapur, from where he was referred to Sadar Hospital, Jaunpur. There was enmity and threat extended by the applicant, whereas in the medical examination report of U.N.S. District Hospital, Jaunpur, it has been specifically written to be superficial injury of firearm shot with no fatal effect. It was said by injured in his statement that firearm shot touched him with no serious injury. This was there in the statement of the father of the injured that it was not serious injury that is why the injured was released on the same day from the hospital. Under x-ray examination NAD was reported. The accused- applicant is of no criminal antecedent. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for during trial.
Learned AGA and learned counsel for informant have vehemently opposed the bail application.
F.I.R. was got lodged with contention that firearm shot was extended from back side towards back of chest. The injury is superficial in nature with no grievous effect. Accused-applicant is with no criminal antecedent. There was no independent witness account. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Caiptan Man Singh @ Rajan Singh, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 29.4.2019 Pcl