Allahabad High Court
Sher Singh vs State Of U.P. on 16 April, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1978 of 2018
Applicant :- Sher Singh
Opposite Party :- State Of U.P.
Counsel for Applicant :- Atul Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Counter affidavit filed on behalf of the State, is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the FIR of the alleged incident was lodged against 5 persons including the applicant making general allegation for committing marpit with deceased and injured persons with Balkati, iron rod, knife and sword. In the statements of eye witnesses as well as injured persons it has come that all the accused persons have committed marpit with Danda, iron rod, Dao and knife. In the confessional statement of applicant it has come that Danda was in the hands of applicant and a recovery of Danda has been shown on the pointing out of the applicant. Injury no. 6 of the deceased is lacerated wound on right upper arm on interior aspect and injury no. 10 is contusion on the side of back of chest. Rest injuries are incised wounds and punctured wound. Injury no. 8 is abrasion on forearm. In postmortem report the cause of death of the deceased has been shown head injury but it is not specified as to who is the author of head injury. No lacerated wound or contusion has been found on the head of the deceased. The lacerated wound, contusion and abrasion are not on vital part of the deceased. At the time of medical examination 3 injuries have been found on the person of injured Geeta. Her injury no. 1 was kept under observation. Rest injuries opined simple in nature. Three injuries were found on the person of injured Bhagwat Ram. His injury nos. 1 and 3 were kept under observation but there is no supplementary report of injured persons on record. No sharp edged weapon has been shown in the hands of applicant. Danda is said to have been recovered on the pointing out of the applicant. The applicant has not committed the alleged offence. He has falsely been implicated in the present case. The applicant has no criminal history and is in jail since 20.5.2017.
Per contra; learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Sher Singh involved in Case Crime No. 327 of 2017, under section 147, 148, 149, 302, 307 IPC, P.S. Jhinjana, District Shamli be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant will not tamper with the evidence.
2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 16.4.2019
Masarrat
