The court granted bail to Hari Om and Shripal Singh in a criminal matter under IPC 308 and 504, directing them to furnish a personal bond with two sureties and adhere to specific conditions during the trial.
Applicants released on bail with a personal bond and two sureties each, subject to specific conditions of cooperation and non-tampering.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27896 of 2018
Applicant :- Hari Om And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh K.S. Chaudhary,Manoj Kumar Srivastava
Counsel for Opposite Party :- G.A.,D.K. Shukla,Devesh Kumar Shukla
Hon'ble Vivek Kumar Singh,J.
Heard Sri Rajesh K.S. Chaudhary, learned counsel for the applicants, learned AGA for the State and perused the material brought on record.
The submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in the present case due to old enmity of family partition. Further submission is that general allegation has been made no specific role has been assigned to applicants. It is an accidental case. Injuries found on the body of the injured are simple in nature and not dangerous to life. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicants who are in jail since 30.5.2018, have no other criminal history and there is also no possibility of their either fleeing away from the judicial process or tampering with the witnesses. Applicants also undertake that they will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, perused the statement of Dr. Rajendra Bansal dated 14.6.2018 which has been annexed as Annexure-6 to the affidavit filed in support of bail application, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let applicants Hariom and Shripal Singh, be released on bail in Case Crime No. 314 of 2018,under Sections- 308,504 IPC, Police Station- Iglas, District- Aligarh, on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicants will co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicants will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever
(iii) The applicants will not indulge in any unlawful activities.
(iv) The applicants will not misuse the liberty of bail in any manner
whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.
Order Date :- 25.9.2018 ssm
2 issues framed by the court
Whether bail should be granted to the applicants charged under Sections 308 and 504 IPC.
Whether the applicants pose a flight risk or risk of tampering with evidence.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶9
Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 · Who else cites this
Hari Om
Shripal Singh
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
