High Court of Judicature at Allahabad granted bail in a criminal case involving attempted murder and affray, considering the applicant's prior acquittal and the co-accused already being on bail.
Release of the applicant on bail subject to a personal bond and two sureties.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23621 of 2021
Applicant :- Hoshiyar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Singh Yadav Counsel for Opposite Party :- G.A.,Ajay Kumar Pandey
Hon'ble Rajiv Joshi,J.
Heard Sri Kuldeep Singh Yadav, learned counsel for the applicant, learned AGA for the State, Sri Ajay Kumar Pandey, learned counsel for the informant and perused the record.
This bail application has been filed on behalf of the applicant seeking bail in Case Crime No. 66 of 2021, under Sections 307, 504, 506 IPC, Police Station Saifai, District Etawah, during pendency of trial.
It is contended by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated in the present case. As per the first information report, the role of firing has been assigned to co-accused Akhilesh Yadav @ Chandgi Ram. It is next contended that gun shot fired by the applicant was missed, however, gun fire shot of co-accused Akhilesh Yadav @ Chandgi Ram caused injury in abdomen of the injured-Anshul. It is next contended that co-accused Akhilesh Yadav @ Chandgi Ram, has already been enlarged on bail by the co-ordinate Bench of this Court vide order dated 6.8.2021 passed in Criminal Misc. Bail Application No. 23088 of 2021. The case of the applicant is on better footing and therefore, the applicant is also entitled for bail. It is lastly contended that the applicant has criminal history of one case being Case Crime No. 37A of 1996, under Sections 147, 148, 307, 504, 506 IPC, in which he has been acquitted. He is in jail since 14.04.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. There is no prospect of trial of the present case being concluded in near future due to heavy dockets.
Learned AGA appearing for the State as well as learned counsel for the informant vehemently opposed the prayer for bail but could not dispute the aforesaid facts and legal submissions as argued by the learned counsel for the applicant.
Having heard submissions of learned counsel of both sides, considering nature of accusation, severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction in support of the charge, reformative theory of punishment, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22 , without expressing any view on the merits of the case, I find it to be a case of bail.
Let the applicant- Hoshiyar Singh involved in the aforesaid crime be released on bail, on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 :- 7.9.2021 Noman
Digitally signed by Justice Rajiv Joshi Date: 2021.09.08 12:04:15 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted to the applicant accused in a prosecution for attempted murder, mutual affray, and intentional insult.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P.Explained¶9
Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22 · Who else cites this
Hoshiyar Singh
Rajiv Joshi
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