This judgment allows a bail application filed by an accused alleged to have attempted murder and joined in affray. The court held it was a fit case to release the applicant on bail and sureties despite the serious charges.
Released on bail in Crime No. 30/2018 on furnishing personal bond and two sureties each.
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Court No. - 13
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13736 of 2018
Applicant :- Shera @ Sher Singh @ Sunil Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Santosh Kumar Pandey,Rajnish Kumar Pandey Counsel for Opposite Party :- G.A.,M.P.S.Chauhan,Sandeep Kumar Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the record.
As per prosecution version, on 16.01.2018, at about 5:30 p.m., informant Sunil Kumar, who is a lawyer went on the residence of his client Smt. Laxmi Devi. Applicant and other co-accused persons came there and started using the unparliamentary languages. Then, applicant fired three shot on the informant with intention to kill him, but informant escaped. Then, applicant and other co-accused assaulted the informant with sharp and blunt objects, due to which informant sustained injury.
Learned counsel for the applicant contended that he has been made accused in this case due to enmity. No fire arm injury is caused to applicant. Applicant has no criminal history. Applicant is languishing in custody 17.01.2018.
Learned A.G.A. opposed the prayer of bail.
Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
Let the applicant Shera @ Sher Singh @ Sunil Kumar be released on bail in Case Crime No. 30/2018, under Sections 147, 148, 149, 307, 504 I.P.C., Police Station- Sasani Gate, District Aligarh on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned.
Accordingly, the instant bail application is allowed .
Order Date :- 13.7.2018/Sharad/-
1 issue framed by the court
Whether the applicant is entitled to bail in a case involving attempt to murder and affray where no firearm injury was caused to the accused.
Shera @ Sher Singh @ Sunil Kumar
State Of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
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