Man Singh vs State Of U.P.
2016 Latest Caselaw 2066 ALL

Citation : 2016 Latest Caselaw 2066 ALL
Judgement Date : 28 April, 2016

Allahabad High Court

Man Singh vs State Of U.P. on 28 April, 2016

Bench: Vipin Sinha




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4595 of 2016
 

 
Applicant :- Man Singh
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Virendra Singh Patel,Hitesh Pachori
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vipin Sinha,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The present bail application has been filed by the applicant in case crime No. 242 of 2015, under Sections 307, 504, 506 IPC, police station Badagaon, District Jhansi with the prayer to enlarge him on bail.

I have perused the prosecution story as set up in the FIR and also the bail rejection order.

The contention as raised at the Bar by learned counsel for the applicant is that though the accused-applicant has been named in the FIR and a specific role has also been assigned to him but the injured in his statement has not specified any role to the applicant and the statement of the injured is to the effect that "MERE GAON KE MAN SINGH VA UNKE SATH ANYA LOGO NE MERE SER MRIN GOLI MAR DI THI." A reliance has also been placed upon the report of the Radiologist which shows "JISME REPORT MAIN CHOTE NIL AADI THI". Reliance has also been placed upon the supplementary report of the Radiologist which shows that no fracture is noted. It is lastly contended that the applicant has no previous criminal history and he is in jail since 7.12.15 and in case he is enlarged on bail, he will not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer for bail.

It is apparent that it would not be possible to.z conclude the trial in near future and in the opinion of this Court, it would not be appropriate to keep the applicant in jail till the conclusion of the trial.

Without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view will not in any manner adversely affect the case of the prosecution.

The prayer for bail is granted. The application is allowed.

Let the applicant Man Singh involved in the aforesaid crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned.

Order Date :- 28.4.2016

Anand