Allowed

Jai Singh v. State of U.P.

Allahabad HC7 Dec 2020BAIL/43798/2020

Case brief

AI extract

What is this about?

Justice Subhash Chand allowed bail to the accused Jai Singh in a criminal miscellaneous application. The accused faced charges of murtiading and attempt to murder along with others. The court found it a fit case for bail despite the FIR allegations, observing minor injuries in the injury reports and lack of criminal antecedents.

What did the court decide?

The applicant Jai Singh is released on bail on furnishing a personal bond and two sureties.

Jai Singh Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2020)

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Court No. - 45

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43798 of 2020

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Applicant :- Jai Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ray Sahab Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chand,J.

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Heard learned counsel for applicant(s), learned A.G.A. and perused the record.

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This bail application has been preferred by the accusedapplicant(s), Jai Singh, who is involved in Case Crime No. 516 of 2020, under Sections 147, 148, 307, 149, 325, 452, 504, 506, 323 I.P.C. P.S.- Sipri Bazar, District- Jhansi.

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The FIR version as per Annexure-1 of the affidavit is that on 7.9.2020, the informant Vinod Kumar Samadhiya was at the house, at about 5.30 in the evening Shaiter Gurjer, Gajendra Singh, Naval Singh and Jai Singh Gurjer intruded in his house and dragged him to get the sale-deed of his agricultural field in their favour, same was opposed by him; Shaiter Gurjer and Gajendra Singh fired shot on the informant with rifle and DBBL gun respectively, however, the informant had narrow escaped. Thereafter all the accused persons in furtherance of common intention beaten to the informant, his wife Rani, father Pooran Lal with lathi and butt, whereby all the injured persons sustained injuries; all the injured persons fled away extending life threat.

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Learned counsel for the applicant submitted that in view of injury report no offence under Section 307 IPC is made out. The applicant has no previous criminal history or previous convict except the present case and has been languishing in jail since 9.9.2020.

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Learned A.G.A. vehemently opposed the prayer for bail.

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The injury report of injured Rani is Annexure-2 in which one contusion is shown. Injury report of Puran Lal, injured Rahul Samadhiya, who have contusion and abrasion; injury report of Vinod Kumar Samadhiya in which two contusions are shown. Injury no.1 was referred for x-ray. As per supplementary report fracture was seen in ribs no.5 and 6. Statement of injured Vinod Kumar Samadhiya also supports the FIR version.

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In the statement of Vinod Kumar Samadhiya, the role of all the accused persons are common. The applicant has no criminal antecedents and has been languishing in jail since 9.9.2020.

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In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.

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Let applicant(s), Jai Singh , be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:

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(i) The applicant(s) shall not indulge in any criminal activity.

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(ii) The applicant(s) shall not tamper with the prosecution evidence.

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(iii) The applicant(s) shall not pressurize the prosecution witnesses.

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(iv) The applicant(s) shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.

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In case of default of any of the conditions enumerated above, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court.

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Order Date :- 7.12.2020 Prajapati

Jai Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Jai Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

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