Criminal bail application allowed in a case involving death byCCI fatal shooting. Court held it a fit case for bail without touching merits, releasing the applicant on personal bond and two sureties.
Released on bail by personal bond and two reliable sureties.
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Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9236 of 2018
Applicant :- Udaiveer Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Kuldeep Singh Chahar Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Counter affidavit has been filed by Smt. Madhu Rani Garg, learned A.G.A. appearing for the State of U.P., the same is taken on record.
Heard Sri Kuldeep Singh Chahar, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused-applicant Udaiveer Singh, who is involved in S.T. No. 903 of 2017 Case Crime No. 479 of 2017, under Section 304 IPC and Section 27/30 of Arms Act, Police Station - Achhanera, District - Agra.
As per prosecution version, on 27.08.2017 at about 05.00 P.M., co-accused Rahul took Smt. Taswiri, wife of informant to his home. When the informant and his son went to Rahul's house to rescue her, on the exhortation Rahul, his brother-in-law applicant Udaiveer Singh, fired on Smt. Taswiri with licensee rifle, due to which she sustained injury. Later on, she succumbed to her injury at S.N. Medical College, Agra. First information report in this regard was lodged on 27.08.2017 at about 10.00 P.M.
Learned counsel for the applicant contended that there is no motive for the applicant to commit the murder of Smt. Taswiri. The police has submitted charge-sheet against the applicant under Section 304 IPC on absolutely baseless and malicious ground that the fire caused by the applicant on Smt. Taswiri with his licensed rifle, which caused her death, was not accidental. He further contended that prosecution witnesses have stated before the I.O. that applicant had purchased a rifle. A 'poojan' ceremony of the rifle was organised in which Smt. Taswiri sustained injury due to accidental firing.
Learned counsel for the applicant further contended that statement of P.W.1 informant Member Singh, P.W.2, his son
P.W.2 Hemantraj and P.W.3 Rachna @ Rashmi were recorded during trial, but they have not supported the prosecution version.
Per contra, learned A.G.A. has opposed the prayer for bail.
Without commenting on the merits of the case, considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
Let the applicant - Udaiveer Singh be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
Accordingly, the instant bail application is allowed.
Order Date :- 29.3.2018 I. Batabyal
2 issues framed by the court
Whether the applicant is fit for release on bail given the allegations of accidental discharge of a firearm.
Whether the counter affidavit and lack of supportive prosecution witnesses warrant bail.
Udaiveer Singh
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
