In a bail application under sections 323 and 304 IPC, the Single Judge held the applicant entitled to bail during the trial, relying on Data Ram and subjecting him to standard conditions.
Released on bail on execution of personal bond and furnishing two sureties.
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Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18591 of 2020
Applicant :- Jasvindar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Dhiraj Kumar Pandey,Mewa Lal Shukla,Subhash Chandra Pandey,Varinder Singh
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. 14 of 2020, under Sections 323 and 304 I.P.C., P.S. Bilashpur, districtRampur, is seeking enlargement on bail during the trial.
The first information report was lodged by the informant against the present accused, alleging therein that on 15.1.2020 at about 3:00 p.m. the calf of the present accused entered in the plot of complainant. After being angry, the present accused reached to the house of complainant and started beating his father with lathi-danda, causing injuries to him, as a result of which he succumbed to the injuries on the way of hospital.
Learned counsel for the applicant has submitted that the incident was neither preplanned nor premeditated, it happened at the spur of moment, when the calf of informant entered in the plot of accused person. Further submission is that the deceased had received four injuries on his person and out of four injuries, two were traumatic swelling and one was lacerated wound and the injury no.1, which was 0.4x0.5cm on the top of the head, one injury on right forearm and one injury on little finger. The postmortem report of the deceased shows only one injury on the vital part of the body, which became fatal to life but it is not specific that who is the author of that injury. He also submits that the accused has not acted in a cruel manner and the weapons used in the crime are lathi-danda. He lastly submits that the applicant has no criminal history and he is languishing in jail since 18.1.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in 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, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 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, Jasvindar Singh involved in the aforesaid case be released on bail 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 :- 25.1.2021 Faridul
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail during the pendency of the trial.
Colour shows how this judgement treated each authority
Data Ram Vs. State of U.P. and othersExplained¶10
Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 · Who else cites this
Jasvindar Singh
State of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
