Court granted bail to Pinku Singh in a case involving Section 307 IPC and SC/ST Act, relying on the reformative theory of punishment despite severe charges and prior criminal antecedents.
Released on bail with a personal bond and two sureties, subject to conditions including trial attendance and non-tampering.
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. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23393 of 2018
Applicant :- Pinku Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Om Narayan Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Om Prakash Pandey, learned counsel for the applicant and Sri Rajesh Kumar Singh, learned A.G.A. appearing for the State.
The trial is of the year 2016, as on date no witnesses have been examined. The applicant is in detention since 28.4.2016.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. He next submitted that in the FIR general allegation of assulting the victim with fire arms has been made against seven persons including applicant. Injury sustained by the injured are on non vital part of the body. 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 . The applicant has other reported criminal antecedent.
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 Pinku Singh involved in Case Crime No. 255 of 2016 under Section 307 I.P.C. and 3(2) (5) SC/ST Act, Police StationNigohi, District- Shahjahanpur be released on bail on his
furnishing a personal bond with two 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 court below shall be at liberty to cancel the bail.
Order Date :- 24.8.2018
Krishna
2 issues framed by the court
Whether the applicant is entitled to bail considering the nature of accusations and evidence.
Whether the reformative theory of punishment supports bail in cases involving Section 307 IPC and SC/ST Act.
2 provisions across 2 enactments
Pinku Singh
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
