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Shiv Kumar Singh And Another vs State Of U P

High Court Of Judicature at Allahabad|13 August, 2021
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JUDGMENT / ORDER

Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31000 of 2021 Applicant :- Shiv Kumar Singh And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Ashok Nath Tripathi Counsel for Opposite Party :- G.A.,Raj Kumar Tiwari,Sujan Singh
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicants, Mr Raj Kumar Tiwari, learned counsel for the informant, learned AGA for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during the trial in Case Crime No.85 of 2021, under Sections 323, 307/34, 504, 506 IPC, P.S. Dubahar, District Ballia.
As per version of FIR, on 4.6.2021 at about 7 p.m., applicant no. 1. along with his two sons namely, Vivek Singh (applicant no. 2) and J.P.Singh (son of applicant No. 1) along with one Ranvijay Singh @ Pintoo Singh, armed with lathi, danda and country made pistol came in front of the house of the informant and started abusing him and when objected, all the accused persons are said to have attacked the father of the informant as a result of which he sustained injuries on his head and in the said scuffle wife of the informant also sustained injuries. It is further alleged that co accused J.P.Singh fired from his country made pistol upon the informant which hit on the finger of the informant and thereafter all the accused persons fled away from the spot extending threats to the informant and his family members.
It is contended by learned counsel for the applicants that the applicants are innocent and has been falsely implicated in the present case. It is contended that the alleged incident took place on 4.6.2021 at 19.00 hrs and the FIR was lodged on 5.6.2021 at 13.14 hours without there being any plausible explanation. It is further submitted that perusal of the injury report of the injured, namely, Smt Rekha Gupta, Avdhesh Kumar Gupta (informant) and father of the informant, namely, Dhruv Kumar Gupta shows that all injuries are simple in nature. It is further submitted that in view of the injuries, no offence under Section 307 IPC is made out against the applicants. It is further submitted that there is no independent witness of the incident. It is further submitted that injured witnesses have not assigned any specific weapon to the present applicants and the injuries are not on vital parts of the body. Applicant is in jail since 6.6.2021.
On the other hand, learned A.G.A. as well as learned counsel for the informant opposes the application for bail. It is contended by learned counsel for the informant that the injured witnesses have specifically stated that co accused J.P.Singh has fired upon the informant from his country made pistol, as a result of which informant sustained injury on index finger.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicants-Shiv Kumar Singh and Vivek Singh, who is involved in aforementioned case crime be released on bail on each of them furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicants shall remain present before the Trial Court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the Trial Court may proceed against them under Section 229-A IPC.
(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C., may be issued and if applicants fail to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against them, in accordance with law, under Section 174-A IPC.
(iv) The applicants shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against them in accordance with law.
(v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicants.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 :- 13.8.2021/RavindraKSingh Digitally signed by Justice Shekhar Kumar Yadav Date: 2021.08.13 17:17:31 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
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Title

Shiv Kumar Singh And Another vs State Of U P

Court

High Court Of Judicature at Allahabad

JudgmentDate
13 August, 2021
Judges
  • Shekhar Kumar Yadav
Advocates
  • Ashok Nath Tripathi