Allahabad High Court
Dilip Singh vs State Of U.P. on 28 January, 2021
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3581 of 2021
Applicant :- Dilip Singh
Opposite Party :- State of U.P.
Counsel for Applicant :- Anil Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the applicant, Sri Upendra Kumar Singh, learned counsel for the informant, learned A.G.A. for the State and perused the material placed on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 147 of 2020, under Sections 147, 148, 149, 452, 307, 308, 323, 325, 504, 506 IPC, P.S. Chandapa, District Hathas.
Counsel for the applicant argues that the FIR was registered on 28.9.2020 and the date of incident is alleged to be of 21.9.2020. He argues that the role assigned in the FIR on record is not enough to implicate the applicant under Sections 307 and 308 IPC. He has drawn my attention to the medical report, which is on record, to show that with regard to injury no. 1, an X-ray has been advised. As regards the criminal antecedents, he states that the applicant has been involved in one gambler case, in which the applicant has been enlarged on bail. The applicant is languishing in jail since 8.11.2020.
Counsel for the informant on the other hand has strongly opposed the bail application and has drawn my attention to the medical report to show that there is a fracture on the skull, which is evident from the medical report, which is on record. He further draws my attention that in the charge-sheet also the role has been assigned to the applicant as is clear from the statements, which are on record in the form of Annexure-5.
Counsel for the applicant on the other hand argues that from perusal of the said statement, no specific role can be said to be assigned to the applicant in view of the fact that the applicant has no criminal antecedents. He argues that once the charge-sheet has been filed, the trial would get concluded. Counsel for the applicant also informed that the applicant was granted anticipatory bail, however, before communication of the bail order, the applicant was arrested.
Considering the facts and circumstances of the case as well as the fact that the applicant is languishing in jail since 8.11.2020 and there is nothing on record to demonstrate that if the applicant is enlarged on bail would affect the trial adversely as well as considering the ratio of judgment of Hon'ble Supreme Court in the case of Data Ram Singh Vs. State of U.P. and Others, 2018 (3) SCC 32, without expressing any opinion on merit of the case, the applicant is entitled to be enlarged on bail.
Let the applicant Dilip Singh involved in aforesaid case crime 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 will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
5. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 28.1.2021
S. Rahman
