Single judge allowed criminal bail application of Charan Singh accused under IPC Sections 307, 323, 504 and 506. Court noted age and custody duration without expressing opinion on merits.
Applicant released on bail on executing personal bond and furnishing two sureties subject to specified conditions including no tampering with evidence or witnesses.
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Court No. - 22 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1265 of 2018 Applicant :- Charan Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Ajendra Kumar Counsel for Opposite Party :- G.A.,Ashutosh Yadav
Hon'ble Aniruddha Singh,J.
Heard Ajendra Kumar learned counsel for the applicant, Sri Ashutosh Yadav, learned counsel for the complainant, learned A.G.A. for the State and perused the record.
According to the prosecution case the F.I.R. was lodged against Charan Singh, Naveen, Pawan, Satish and Pawan alleging that on 17.08.2017 they have assaulted the injured Sanjeev by firearm and he has received injury on his chest; in the statement of injured Sanjeev he has stated that the firearm injury was caused by co-accused Pawan.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; except one injury all other injuries of the injured are simple in nature, not dangerous to life; the applicant is 65 years old person; the main role of firing has been assigned to the co-accused Pawan; the criminal history of one case against the applicant has been explained; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is in jail since 22.09.2017 (more than four months).
Learned A.G.A. and learned counsel for the complainant opposed the prayer for bail and admitted that the criminal history of one case against the applicant has been explained.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Charan Singh involved in the Case Crime No. 173 of 2017, under Sections 307, 323, 504 and 506 I.P.C., P.S. Sakeet, District Etah be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 15.2.2018/A. Tripathi
1 issue framed by the court
Whether the applicant is entitled to bail in a case alleging assault by firearm.
1 provisions across 1 enactments
Charan Singh
State Of U.P.
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
