In a bail application under Section 437 CrPC (implied by context) for charges under Sections 147, 148, 324, 323, 308 IPC, the court allowed bail after noting the applicant's lack of criminal history and injury severity.
Applicant released on bail on furnishing a personal bond and two sureties each.
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. - 5717 of 2018
Applicant :- Durg Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against six accused persons, namely, Durg Singh, Lakhan, Vinod, Neeraj, Prinsh, Ajay and four unknown persons; alleging that on 21.8.2016 they assaulted Kalla and Kalle, with lathidanda and axe injured Kalle received one injury on his head and other injuries are simple in nature.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There is general allegations against the applicant. Offence under Section 308 IPC is not made out against the applicant. Injuries found on the body of the injured are simple in nature except one injury and are not dangerous to life. He is languishing in jail since 4.12.2017 (more than two months), having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that 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 opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Durg Singh involved in Case Crime No. 97 of 2016, under Sections 147, 148, 324, 323, 308, 504, 506 IPC, Police Station Madanpur, District Lalitpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 16.2.2018//A. Singh
2 issues framed by the court
Whether the applicant is fit for release on bail given the nature of the offence and period of custody.
Whether the allegations against the applicant are sufficient to deny bail under Sections 147, 148, 324, 323, 308 IPC.
Durg Singh
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
