By means of this application, the applicant, who is involved in Case Crime No.479/2020, under Sections - 147/ 148/ 149/ 307/ 302/ 504/ 506/ 120-B I.P.C. & Section 7 of Criminal Law Amendment Act, Police Station - Gosaiganj, District - Sultanpur, is seeking enlargement on bail during the trial.
As per version in the F.I.R. dated 16.09.2020 is that at about 4.30 PM the informant and his brother (Bhupendra, deceased) were sitting in their shop of the building material then the applicant alongwith five other co-accused persons came to the shop and due to previous enmity, the accused persons including the present applicant started giving filthy abuses and started firing with their respective firm arms upon the brother of the informant, subsequently he succumbed to his injuries.
Learned counsel for the applicant has submitted that there are general allegation of firing to all the named accused persons in the F.I.R. including the present applicant. It is further submitted that as per version in the F.I.R. and the statement of the informant recorded under Section 161 Cr.P.C., all the accused persons including the present applicant were having fire arms in their hands. It is further stated that as per post-mortem report, there are three fire arm injuries and three lacerated wound inflicted upon the body of the deceased. It is further submitted that in actual there are two fire arm injuries as one bullet entry and exit wound has been shown as two injuries. It is further submitted that neither in the F.I.R. nor in the statement of the informant it has ever been stated that these accused persons were also armed with lathi and danda and if the accused persons including the present applicant were not armed with lathi and danda, the lacerated wounds found on the body of the injured persons make the prosecution story doubtful. It is further stated that there are six named accused persons including the present applicant and there are three (in actual two) fire arm injuries, so it cannot be ascertained that who is the author of the injuries caused upon the brother of the informant. It is further submitted that during the investigation two persons namely Nitin Singh @ Dhiraj and Satyam Tiwari @ Shivam have been arrested as they have fired upon the brother of the deceased and the same has not been disputed in the counter affidavit. The applicant is having a criminal history of one case, which has already been explained in Para 32 of the affidavit filed in support of the bail application and in the same the applicant is on bail. The applicant is languishing in jail since 21.09.2020.
On the other hand, learned A.G.A. has opposed the prayer for grant of bail and submitted that from the F.I.R. and the statement given by the informant, the offence is made out against the applicant, but unable to dispute the submission raised by learned counsel for the applicant, particularly who is the author of the injury which has caused the death of the brother of the informant.
After hearing the submissions made by the learned counsel for the parties and examining the material available on record, keeping in view the nature of offence and totality of facts and circumstances of the case, I am of the view that the applicant has made out a fit case for grant of bail. Hence, the bail application is hereby allowed.
Let applicant (Rajat Singh @ Shaka Singh) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
(i) The applicant shall however, co-operate and attend the proceedings at every stage without seeking unnecessary adjournments just to prolong the proceedings.
(ii) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(iii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(iv) 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. It is further clarified that 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 :- 17.8.2021/S. Kumar