Court No. - 27
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3509 of 2018 Applicant :- Shivraj Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Devendra Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Heard learned counsel for the applicant, Sri C.P. Pandey, learned counsel for the complainant, learned Additional Government Advocate and perused the records.
The applicant is involved in case crime no. 101 of 2016, under Section 307,504,506 IPC, P.S. Kishani, District Mainpuri.
As per first information report, the bike of informant was intercepted by the applicant along with a co-accused and they hurled abuses and opened fire upon him. Learned counsel for the applicant contended that the applicant has been falsely implicated in the present case due to ulterior motive. He has drawn attention of the Court on resolution of the Managing Board of Katholi Sadhan Sahkari Samiti, District Mainpuri, in which informant had been made Secretary in-charge on the basis of fact that he was High School pass, however, while retiring from service, the applicant did not give the charge to the informant on the basis of fact that he was not high school pass out. He has further drawn attention of the bail order in another criminal case under Section 218 and 409 IPC, P.S. Kishani, District Mainpuri, in connection with FIR in case crime no. 1131 of 2017, which was lodged against the applicant at the instance of the informant. Apart from this present case and earlier case, in which he has already been granted bail, it is stated that there is no previous criminal history of the applicant. Further argument is that the nature of injury as found in the injury report as corroborated by supplementary X-ray report is a kind of injury which could have got inflicted upon the informant on account of his falling from the vehicle and does not appear to be firearm injury. X-ray report also reveals that the injuries are simple in nature.
On contrary, learned AGA and learned counsel for the complainant opposed the prayer for bail.
Considering the aforesaid facts and circumstances of the case, the arguments advanced by the learned counsel for the applicant regarding false implication of the accused applicant in the criminal case and considering the injury report and supplementary X-ray report and at the same time without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled for bail.
Let the applicant Shivraj Singh involved in aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each of the like amount to the satisfaction of the court concerned.
It is made clear that Identity status and residence proof of the applicant and sureties be strictly verified by the court concerned before the bonds are accepted.
Order Date :- 28.3.2018/Sanjeev