Heard Sri Kameshwar Singh, learned counsel for the applicant; learned Additional Government Advocate representing the State; Sri Sanjay Pandey, learned counsel for the informant and perused the record of the case.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 305 of 2020, under Sections 120B, 504, 506, 323, 302, 307, 149, 148, 147 I.P.C., Police Station-Mardah, District-Ghazipur, during the pendency of trial.
As per prosecution case in brief, informant Rajkumar Singh lodged F.I.R. on 20.10.2020 regarding an incident which took place on 19.10.2020 against six accused persons namely, Brijbhan, Atul @ Nanhe Singh, Khush Narayan Singh, Piyush Kant Singh (applicant) Amit @ Prince Singh and Jagdish Singh alleging inter alia that at the time of incident accused persons were armed with weapons, pistols and lathi danda came at his house and started abusing. On refusing to abuse by him and his uncle, they assaulted them. In the F.I.R., it has been specified that co-accused Atul @ Nanhe Singh and Khush Narayan Singh fired with pistol whereby his uncle Anil Singh and informant sustained fire arm injuries and they fell down. F.I.R. further alleges that Amit @ Prince Singh and Jagdish Singh were beating with lathi and danda, in the meantime, Harkesh Ram tried to intervene in the matter but he was also sustained gun shot injury caused by the applicant. The injured Anil Singh succumbed to fire arm injuries but injured Harkesh Ram survive.
Main substratum of argument of learned counsel for the applicant is that as per prosecution case role of causing fire arm injury to injured Harkesh Ram has been assigned to the applicant whereas injured Harkesh Ram in his statement under Section 161 Cr.P.C. has denied this fact and clearly stated that applicant has been falsely implicated in this case. He has not caused fire arm injury to him and it was an accidental fire shot, which hit to him. Learned counsel for the applicant next submitted that during investigation presence of applicant at the time of alleged incident was found in District Sonbhadra which is far away from the place of occurrence of this case. He has pointed out that Investigating Officer has also mentioned this fact in the case diary Parcha no.21 dated 22.12.2020. On the strength of aforesaid facts, it is also argued that injured Harkesh Ram in his statement has stated that other co-accused persons namely, Atul @ Nanhe Singh and Khush Narayan Singh were firing at the time of incident. It is further submitted that there is no recovery of any weapon from the possession of the applicant. Applicant has no criminal history and he is languishing in jail since 01.11.2020. It is also pointed out that co-accused Amit @ Prince Singh, who has assigned the role of causing injury by lathi danda, has been granted bail by the co-ordinate Bench of this Court vide order dated 12.02.2021 in Criminal Misc. Bail Application No. 7754 of 2021. Lastly, it is submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra learned A.G.A. as well as Sri Sanjay Pandey, learned counsel for the informant vehemently opposed the prayer for bail by contending that, in fact, the applicant has caused fire arm injury to the injured Harkesh Ram but he in order to save his life did not disclose the name of applicant. They do not dispute that there is no recovery of any weapon from the possession of the applicant and charge sheet has been submitted in this case.
After having heard learned counsel for the parties, I find that injured has clearly stated in his statement that applicant did not shot at him and he has falsely implicated in this case. There is no recovery of any weapon from the possession of the applicant, therefore, possibility of false implication of the applicant cannot be ruled out. Considering the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Piyush Kant Singh be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall not temper with the evidence during trial.
(ii) The applicant shall not pressurize/intimidate the prosecution witness.
(iii) The applicant shall appear before the trial Court on the date fixed.
(iv) In case of misuse of any condition during trial, the concerned Court below shall be at liberty to cancel the bail.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case.
The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 26.8.2021 Rahul.