Court granted bail to Shiv Singh Yadav in a case alleging assault and murder. Applicant argued he was falsely implicated and elderly. Bail ordered on personal bond and sureties.
Released on bail on furnishing personal bond and two sureties each in like amount.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29003 of 2019
Applicant :- Shiv Singh Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- P.K. Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Supplementary affidavit filed by the learned counsel for the applicant today in the Court, is taken on record.
Sri Birendra Singh, learned counsel filed his vakalatnama on behalf of the informant today, is taken on record.
Heard Sri P.K. Singh, learned counsel for the applicant, Sri Birendra Singh, learned counsel for the informant, Sri P.K. Shahi, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Shiv Singh Yadav with a prayer to release him on bail in Case Crime No. 476 of 2019, under Sections 147, 148, 149, 325, 326, 307, 308 I.P.C., Police Station- Chakeri, District- Kanpur Nagar , during pendency of trial.
It is argued by the learned counsel for the applicant that the present F.I.R. has been lodged by the daughter-in-law of the applicant against six accused persons with the allegations that on 28.05.2019 at between 12:30 to 01:00 in the night, when the husband of the informant, namely, Akhilesh Yadav was returning from marriage party, suddenly near the Riddhi Siddhi store, the accused persons had surrounded the victim and assaulted him by different weapons, due to which he sustained injuries. In the statement of the injured Akhilesh Yadav, it has been stated that the applicant is said to have pelted stone upon the injured, due to which he received injury on his back side. However, Ravi has been assigned the role of causing injury by sharp edge weapon whereas Jaicky and Rahul have been assigned role of causing injury by lathi and danda . It is further argued that though the injuries, sustained by the injured, are grievous in nature but, the said injuries have not been caused by the applicant as it is clear from the statement of the injured as well as the F.I.R. It is further argued that the applicant is 70 years old person and he is father of the injured. Since the injured does not want to give the share in the property of his
father, therefore, the present F.I.R. has been lodged to falsely implicate the applicant. The applicant is languishing in jail since 11.06.2019. The applicant does not have any previous criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra learned A.G.A. as well as learned counsel for the informant have opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant 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 that :-
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 :- 23.7.2019 JK Yadav
1 issue framed by the court
Whether bail should be granted to the applicant involved in offences under Sections 147, 148, 149, 325, 326, 307, 308 IPC.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶12
(2018) 3 SCC 22 · Who else cites this
Shiv Singh Yadav
State Of U.P.
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
