High Court Court No. 55 allowed the second bail application of Rasal Singh in a criminal trial under Sections 147, 308, 323, and 326 IPC, granting release on personal bond with two heavy sureties after considering prior rejection and change in circumstances.
Released on bail on a personal bond with two heavy sureties.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24949 of 2018
Applicant :- Rasal Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Garun Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri G.P.Singh, learned counsel for the applicant and Sri R,S,Parihar, learned A.G.A. appearing for the State.
This is the second bail application. The first bail application was rejected on merits by Hon.S.K.Agrawal, J.(since retired) on 12.1.2018. After seven months of the first bail application this second bail application is being heard today. The extract of the order passed by Hon.S.K.Agarwal, J. is given hereunder:
"Learned counsel for the applicant has contended that the applicant is innocent and has been falsely implicated; that the FIR has been lodged by the informant against five persons including the applicant with the allegation that the accused after entering into the house of the informant abused his mother and also beaten his brother Bhudeo; that only a single blow has been caused by the applicant to the injured in sudden provocation due to dispute between the children; that there was no intention to cause serious injury to the accused; that the applicant has not repeated the blow; that according to medical report, only head injury is serious, but who has caused this injury is not clear; that the applicant has no other criminal history and is in jail since 18.05.2017.
Learned AGA opposed the prayer for bail and has contended that head injury has been caused by the applicant, which was on vital part of the injured, due to which he had suffered a memory loss and for which operation of tempo parietal region of head was done and he remained in hospital w.e.f. 24.04.2017 to 01.05.2017; that due to this injury the death of the injured may likely to be caused, hence the applicant is not entitled to be released on bail.
Considering the entire facts and circumstances of the case, allegations in the F.I.R., injury reports, seriousness of the injuries and all other materials available on record, I do not find it a fit case for bail.
Accordingly, this bail application is rejected."
According to the prosecution version FIR was lodged by the
complainant against five persons including the applicant alleging that the accused persons entered into the house of the complainant and hurled abusive language on his mother and the applicant caused single blow on his brother and thereafter all the accused fled away from the place of occurrence.
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 due to ulterior motive and he has committed no offence. It is a case of sudden quarrel. The applicant is relative of the complainant and there are inimical terms between the parties. There is some dispute with regard to the land. There is no independent witness of the alleged incident.Other co-accused persons have already been released on bail, copies of which have been annexed as annexur-6 to the bail application. The nature of injuries and its repercussion has been discussed in the rejection order dated 12.1.2018 passed by Coordinator Bench of this Court. Learned counsel for the applicant submits that the charges have been framed and there is no likelihood of tampering with the evidence, hence he deserves to be released on bail. 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 18.5.2017. The applicant has no 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 and also considering the period of detention and the fact that charges have been framed, 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 Rasal Singh involved in Case Crime No.107 of 2017 (S.T.No.555 of 2017), under Sections 147, 308, 323, 326, 452, 504, 506 I.P.C., Police Station Magorra, District Mathura 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.
The trial court is directed to expedite the present case and conclude the same expeditiously, within a period of six month from the date of production of certified copy, if there is no legal impediment.
Order Date :- 10.8.2018 IA
1 issue framed by the court
Whether the applicant be released on bail in a case involving grievous hurt and voluntarily causing hurt where serious injuries were caused to a relative.
Rasal Singh
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
