In a bail application under Sections 147, 148, 149, 302/34 IPC regarding a violent dispute over land possession resulting in death and serious injury, the court granted bail to the applicant despite the severity of charges, considering the cross-case nature and injuries sustained by the accused.
Released on bail on personal bond and two sureties.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6677 of 2019
Applicant :- Chandra Shekhar Opposite Party :- State of U.P. Counsel for Applicant :- Pashali Slolanki,A.K. Singh Solanki Counsel for Opposite Party :- G.A.,M.N. Singh,Mahesh Narain Singh,Mool Chandra Maurya,Shivji Srivastva
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 77 of 2018, under Sections 147, 148, 149, 307, 323, 504 and 302/34 I.P.C., P.S. Rijor, district-Etah, is seeking enlargement on bail during the trial.
As per first information report, the incident is alleged to have taken place on 30.4.2018 at about 11:00 a.m. when the complainant was reconstructing his straw hut ('bhusa ki bhurji'), which was fallen due to windstorm then eight named accused and two unknown persons along with present accused came there, who were having lathi-danda, firearm and knife in their hands, started hurling abuses to the complainant. Thereafter on the exhortation of Devendra, Mahavir and Avanish, the present accused, who was armed with pistol had fired at the son of the informant with the intention to kill, caused serious injuries to him. Later on son of the complainant Dharamvir Singh succumbed to the injuries.
Learned counsel for the applicant submits that the applicant had purchased a piece of land in the year 2016 and the complainant had purchased a plot nearby the applicant's plot in the year 2018 and thereafter a dispute arose regarding demarcation between them. He next submits that it is evident that an altercation took place between complainant and the present accused over the
possession of disputed land, which is evident from the G.D. Taskara (Annexure-2). He further submits that the present accused also suffered fifteen injuries on his person which were lacerated wounds, contusions and abrasion on the vital part of the body. He also submits that this is a cross case and the complainant side is also facing trial under Section 307 I.P.C. for the same incident. Neither the incident was preplanned nor premeditated but was a sudden quarrel at the spur of moment. It is apparent that the prosecution has not come up with clean hands and it is difficult to ascertain at this stage as to which party is the aggressor. He lastly submitted that the applicant, who is in jail since 17.5.2018 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, nature of incident, manner of assault and considering the injuries of the accused and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Chandra Shekhar be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 5.11.2020 Faridul
2 issues framed by the court
Whether the applicant is entitled to be enlarged on bail during pendency of trial in a serious offence involving murder and voluntary causing of hurt.
Whether the applicant's lack of prior criminal record and cross-case nature of the incident warrants bail.
Chandra Shekhar
State of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
