The court allowed bail to Kayam Singh, an applicant falsely implicated in an assault case under Sections 147, 504, 506, and 308 IPC, by furnishing a personal bond and two sureties, subject to standard bail conditions.
Released on bail by personal bond and two sureties subject to conditions against tampering with evidence and intimidating witnesses.
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. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5596 of 2018
Applicant :- Kayam Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Geetam Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against Kayam Singh, Naresh Singh, Omkar Singh, Darshan Singh and Sonu alleging that 3.12.2017 at 8:30 A.M. they assaulted Ompal, son of complainant with 'lathi-danda' and hockey. He received one injury on head and fracture was found. All other injuries are simple in nature. FIR was lodged after two days. Accused Sonu also received injury.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case; he has no criminal history; except one injury all injuries are simple in nature; general role was assigned to all the accused; offence under Section 308 IPC is not made out; he is languishing in jail since 6.12.2017(more than two months) and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. though opposed the prayer for bail but admitted that the applicant has no criminal history.
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 view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Kayam Singh involved in Case Crime No.781 of 2017, under Section 147, 504, 506, 308 IPC, Police Station Soron, District Kasganj be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
2.The applicant will not pressurize/ intimidate the prosecution
witness.
3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 15.2.2018 P.P.
2 issues framed by the court
Whether the applicant is entitled to bail in a case under Section 308 IPC causing fracture.
Whether the applicant is likely to tamper with evidence or intimidate witnesses if released on bail.
4 provisions across 1 enactments
Kayam Singh
State Of U.P.
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
