Court No. 55, CRIMINAL MISC. BAIL APPLICATION No. 20718 of 2018. The Hon'ble Court allowed bail to the applicant Shyam Singh in a case involving Sections 147, 148, 149, 307, 452, 323, 506 IPC. Bail granted on personal bond with two heavy sureties.
Bail allowed on personal bond with two heavy sureties, subject to specified conditions.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20718 of 2018
Applicant :- Shyam Singh @ Shyam Sharan Opposite Party :- State Of U.P. Counsel for Applicant :- Kuldeep Singh Yadav,Shyam Prakash Srivastava Counsel for Opposite Party :- G.A.,Sunil Kumar Yadav
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed by the learned A.G.A. today in the Court is taken on record.
Heard learned counsel for the applicant and Sri Sunil Kumar Yadav, learned counsel for the complainant and Sri Sanjay Singh, learned A.G.A.-I appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the main role of assaulting the injured has been assigned to the co-accused Rambresh and no such role has been assigned to the applicant. It is further submitted that the injury sustained by the injured are simple in nature. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 15.3.2018. It has been pointed out that the applicant has no criminal history.
Learned counsel for the complainant and learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be
released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Shyam Singh @ Shyam Sharan involved in Case Crime No.530 of 2017, under Sections 147, 148, 149, 307, 452, 323, 506 I.P.C., Police Station Jasrana, District Firozabad be released on bail on his furnishing a personal bond with two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 17.9.2018 Dev/-
1 issue framed by the court
Whether the applicant Shyam Singh is entitled to bail considering the nature of accusation, severity of punishment, and lack of criminal history.
Shyam Singh @ Shyam Sharan
State Of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
