Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36781 of 2021 Applicant :- Charan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Pathak Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Charan Singh in connection with Case Crime No.33 of 2021, under Sections 323, 504, 506, 326 I.P.C., Police Station Dhaulana, district Hapud.
Initially a NCR was lodged by the complainant against four persons including the applicant. It was alleged that on 11.05.2020 at about 1.30 p.m. when the son of the complainant Karanveer Singh, aged about 25 years had gone to the house of Jaipal Singh for demanding ploughing charges of land then he was attacked by the named accused persons and the son of the complainant had received injuries. The matter was initially registered as NCR later on the instructions of the Magistrate the matter was investigated and the police submitted the charge sheet under Sections 323, 504, 326, 506 I.P.C.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that doctor had not opined that the injuries received by the injured were fatal to life. He also opined that injured lost 90% vision of right eye due to injuries. He submitted that eye sight of the injured was allegedly lost due to the injuries sustained by the applicant the case comes under the ambit of Section 324 I.P.C. He submitted that all the offences are triable by the court of Magistrate. He submitted that the applicant is languishing in jail since 17.06.2021, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Charan Singh involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 25.10.2021 R./