Shiv Raj vs State Of U.P.
2017 Latest Caselaw 736 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 11
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4116 of 2017
 

 
Applicant :- Shiv Raj
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Yogendra Misra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Abhai Kumar,J.

Heard learned counsel for the accused-applicant, learned A.G.A for the State and perused the record.

The present bail application has been filed by the applicant in Case Crime No. 106 of 2016, under sections 323,307,504 I.P.C.,Police Station Jasrama, District Firozabad with the prayer to enlarge him on  bail.

It is submitted by the learned counsel for the applicant that the incident took place on 21.2.2016 whereas the FIR has been lodged on 16.3.2016. The injured was not taken to the police station after incident rather his father hook him to the hospital privately.

It is also submitted that after the incident the marriage of the injured was solemnized on 2nd March, 2016. The marriage card is also annexed as Annexure-5 to the bail application.  It is further submitted that in supplementary report the injury was not found to be serious. The doctor has opined that it may be grievous in nature whereas the learned A.G.A. has opposed the bail and submitted that the role of firing is assigned to the applicant accused and the injury has been caused on the vital part.

Learned A.G.A for the State has opposed the prayer for bail but could not dispute the aforesaid facts. 

The delay in lodging the FIR is not being explained. The incident took place on 21 February, 2016 whereas the FIR was lodged on 16.3.2016 and it has been narrated in the FIR that after returning from the treatment, FIR has been lodged. The accused Man Pal, who was assigned the role of catching hold has already been granted bail vide order dated 30.11.2016 in Criminal Misc. Bail Application No. 41821 of 2016. During investigation a new theory regarding enmity is being evolved and the applicant is in jail  since14.9.2016.

Seeing the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record, without expressing any opinion on merits of the case, it is a fit case for grant of bail.

Let the applicant ?Shiv Raj involved in Case Crime No. 106 of 2016, under Sections 323,307,504 I.P.C, Police Station ? Jasrana, District ? Firozabqad, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions: -

1. The applicant shall co-operate in the investigation.

2. The applicant shall not tamper with the prosecution evidence.

3. The applicant shall not pressurize the prosecution witnesses.

4. The applicant shall appear on the date fixed by the trial Court.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court before the bonds are accepted.

Order Date :- 16.5.2017

N.A.