In Chamber Criminal Misc. Bail Application allowed. Applicant Tikam Singh involved in Section 306 IPC case released on bail with personal bond and two sureties following fresh ground regarding altercation details.
Released on bail via personal bond and two sureties.
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In Chamber
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28224 of 2021
Applicant :- Tikam Singh Opposite Party :- State of U.P. Counsel for Applicant :- Shadab Alam Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard Sri Shikhar Awasthi, learned counsel for the applicant and the learned A.G.A. for the State.
This is the IInd Criminal Miscellaneous Bail Application of the applicantTikam Singh. The first Criminal Miscellaneous Bail Application of the applicant was rejected on 02.12.2020.
As a measure of fresh ground, it has been urged that the period of incarceration is increased as the applicant is in jail since 08.08.2020 and the Ist Criminal Miscellaneous Bail Application was rejected after coming to know about the dying declaration but the Court was anxious to know the cause which led to some altercation between the applicant and the deceased. Attention of this Court was engaged to paragraph no.3 of the supplementary affidavit (filed to this IInd Bail Application), whereby fact of "some altercation" has been elaborated that on asking the wife to cook food while she was watching the TV show/serial, she got agitated and the applicant left the house and went for walk and on coming back home he saw the unfortunate incident.
Learned A.G.A. has vehemently opposed the prayer for bail application and has claimed that the victim has already said so many things against the applicant. However, he has not disputed neither the point of "some altercation" nor was it previously discussed nor brought to the notice of this Court while the Ist Criminal Miscellaneous Bail Application of the applicant was decided.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant- Tikam Singh involved in case crime no.518 of 2020, under Section 306 IPC, Police Station Dadri, District Gautam Budh Nagar 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.
Order Date :- 8.10.2021
Raj
1 issue framed by the court
Whether bail should be granted in light of increased incarceration and the alleged cause of altercation.
Tikam Singh
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
