In a bail application under Section 307 IPC, the single judge granted bail to the accused, stating it is a fit case without expressing an opinion on the merits, subject to submitting a personal bond and sureties.
Accused released on bail with personal bond and two sureties on standard conditions.
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. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22405 of 2019
Applicant :- Shivam Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Amit Kumar Srivastava Counsel for Opposite Party :- G.A.,Anshul Kumar Gupta
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
This bail application has been preferred by the accusedapplicant, who is involved in Case Crime No.167 of 2019 under Section 307 I.P.C. Police Station Maduwadeeh, District Varanasi.
Learned counsel for the applicant submitted that cross-versions of the incident have been asserted. Cause of dispute is asserted to be a girl with whom the applicant as well as son of the informant were having friendly relationship. In the incident both of them have injured each other. The injuries sustained by the applicant are more grievous. Further submission is that applicant is innocent and has been falsely implicated in the present case. He has no previous criminal antecedents. He is in jail since 1.5.2019 and if he is granted liberty, he will not misuse the same.
Learned A.G.A. vehemently opposed the prayer for grant of bail, but did not speak about assertion of cross-version and injuries of the accused-applicant.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Shivam Singh involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
adjournments.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 28.5.2019 Ram Murti
2 issues framed by the court
Whether the accused appellant is a fit case for bail in a case under Section 307 IPC.
Whether the applicant is eligible for release on bail with sureties and conditions.
Shivam Singh
State Of U.P.
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
