Single judge dismissed State opposition and granted bail to Abhimannu Singh, stating that the aggressor issue in a cross-FIR case is for trial and the applicant is a fit case for bail on furnishing personal bond and sureties.
Released on bail upon furnishing personal bond and two reliable sureties with standard conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3379 of 2021
Applicant :- Abhimannu Singh And Another Opposite Party :- State of U.P. Counsel for Applicant :- Prakhar Tandon,Amrendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Supplementary affidavit filed on behalf of applicants in Court today is taken on record.
Heard learned counsel for applicant(s), learned A.G.A. and perused the record.
This bail application has been preferred by the accusedapplicant(s), Abhimannu Singh and Raj Kumar Singh, who is involved in Case Crime No. 263 of 2020, under Sections 323, 504, 506, 304 I.P.C. P.S.- Ranipur, District- Mau.
Learned counsel for the applicant(s) has submitted that initially the FIR of this case was lodged under Sections 323, 504, 506 IPC and after medical examination and death of the deceased Section 304 IPC was enhanced. It is also submitted that the FIR of the cross case was also lodged on behalf of the accused side, a copy of which has been annexed as Annexure-10 to the affidavit in regard to the same occurrence under Sections 323, 504, 506 IPC.
Learned A.G.A. vehemently opposed the prayer for bail.
Admittedly, cross FIR was lodged on both the sides of the occurrence, who is aggressor cannot be decided at the stage of bail as the same shall be decided at the time of trial.
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.
Let applicant(s), Abhimannu Singh and Raj Kumar Singh , be released on bail in the aforesaid case crime number on his furnishing personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
(i) The applicant(s) shall not indulge in any criminal activity.
(ii) The applicant(s) shall not tamper with the prosecution evidence.
(iii) The applicant(s) shall not pressurize the prosecution witnesses.
(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.
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.
Order Date :- 19.1.2021 Prajapati
2 issues framed by the court
Whether the applicant is a fit case for bail being charged under Sections 323, 504, 506, 304 IPC.
Whether the cross-FIR lodged by accused side affects the question of bail.
1 provisions across 1 enactments
Abhimannu Singh and Anr.
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
