The court considered a bail application filed by Anis Kumar in a case involving Sections 147, 148, 149, 307 and 506 IPC. After hearing counsel and examining the counter-affidavit, the court held it was a fit case for bail and allowed the application.
Applicant released on bail on furnishing personal bond and two sureties, subject to standard bail conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 27
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16454 of 2017
Applicant :- Anis Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Pramod Kumar Srivastava,Birendra Singh Khokher
Counsel for Opposite Party :- G.A.,Abhinav Singh,Satyam Narayana
Hon'ble Chandra Dhari Singh,J.
Counter affidavit filed by learned counsel for the complainant today is taken on record.
Heard learned counsel for the applicant and learned A.G.A for the State and perused the record.
This bail application has been preferred by the accused applicant, Anis Kumar, who is involved in case crime no.108 of 2017, under Sections 147, 148, 149, 307 and 506 I.P.C., P.S. Babri, District Shamli.
As per version of prosecution, the alleged incident took place on 22.03.2017 at 3.30 p.m. while the F.I.R. has been lodged in the aforesaid case on the same day at 07.10 p.m. by the brother of the injured namely Rajiv Kumar against one Sohanpal and the applicant and three unknown persons. As per the medical report, there is gun shot injury on left side of chest with left clavicular fracture with left auxiliary artery injury with right index finger subtotal amputation with hemorrhage shock. The statement of complainant namely Rajeev Kumar under Section 161 Cr.P.C. was recorded by Investigating Officer on 23.03.2017.
Learned counsel appearing on behalf of the applicant submitted that nothing incriminating was recovered from the possession of the applicant. A gun of 12 Bore D.B.B.L with live cartridge and an empty cartridge were recovered from the possession of Sohanpal. The statement of prosecution witnesses namely Dhara Singh was recorded under Section 161 Cr.P.C. on 24.03.2017.
He further submitted that this is a cross case and injuries were also caused to the applicant's side in the same incident. In the incident complainant's side was aggressor and the applicant's side were defendants having exercised their right of private defence.
It is further submitted that role assigned to the present applicant is only to give knife blow to the injured and the injuries sustained by the injured by knife were on the right hand, which is not on the vital part as well as not in dangerous to life but injuries were sustained on the chest by firearm which was assigned to co-accused Sohanpal. Therefore, case of the present applicant is distinguishable from the co-accused Sohanpal.
It is further submitted that the applicant has no criminal history.
In the supplementary affidavit it is stated that statement of the injured Raj Kumar was recorded under Section 161 Cr.P.C. on 22.03.2017. In the statement the injured stated that co-accused Sohanpal has given firearm
injury on the chest.
Lastly learned counsel for the applicant submitted that the applicant is in custody since 23.03.2017 and he undertakes that he will not misuse liberty of bail, if he is released on bail.
On the other hand, learned A.G.A. and learned counsel for the opposite party no.2 vehemently opposed the prayer for bail.
In the counter affidavit filed by complainant it is stated that the applicant is the main accused. If the bail is granted to him, he may misuse bail.
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 applicant Anis Kumar, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
In case of default of any of the conditions enumerated above, the court below would be at liberty to cancel the bail without any reference to this Court.
Order Date :- 17.5.2018 Asha
2 issues framed by the court
Whether a fit case for bail arises under the facts and circumstances of the case.
Whether the gravity of the offence and the period of custody justify release on bail.
Anis Kumar
Chandra Dhari Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
