High Court allowed bail to the applicant charged with offences under Sections 323, 325, 504, 506, and 307 IPC. The court considered the nature of evidence, period of detention, and assurances of cooperation before granting bail with conditions.
Applicant released on bail upon executing a personal bond and two sureties in the like amount.
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. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7595 of 2021
Applicant :- Chhotu @ Bhanwar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Som Veer,Amit Daga Counsel for Opposite Party :- G.A.,Giri Ram Rawat,Shri Ram (Rawat)
Hon'ble Shamim Ahmed,J.
Heard Shri Amit Daga, learned counsel for the applicant, learned A.G.A. appearing for the State, Shri Ram Rawat, learned counsel for the informant and perused the record.
Applicant has moved the present bail application seeking bail in Case Crime No.20 of 2020, under sections 323, 325, 504, 506, 307 IPC, Police Station Farah, District Mathura.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case due to village party bandi and the dispute regarding allotment of a fair price shop.
Learned counsel for the applicant further submits that the first information report dated 20.01.2020 was lodged by Devendra @ Debo, resident of village Beri, Police Station Farah, District Mathura against the applicant and three other co-accused registered as Case Crime No.20 of 2020 initially under Sections 323, 504, 307 IPC, Police Station Farah, District Mathura relating to the alleged occurrence dated 20.01.2020 and later on sections 325 and 506 IPC was added. According to the first information report, the first informant Devendra @ Debo was going to his field along with children on 20.01.2020, where Chhotu @ Bhanwar Singh (applicant), Rakesh, Kalu and Sunil with common intention committed maar-peet and opened fire with intention to kill the informant. The first informant has been medically examined on 20.01.2020 at District Hospital, Mathura, in which the doctor advised for X-ray. The supplementary report of first informant was prepared by the doctor of the District Hospital, Mathura on 19.03.2020. According to supplementary report dated 19.03.2020, there are seven injuries received by the first informant. The Investigating Officer investigated the matter and recorded the statement of the first informant under section 161 Cr.P.C. on 23.01.2020, in which, he reiterated the same version of the F.I.R. The criminal history of the applicant has been properly explained in paragraph nos.28 to 34 of the affidavit filed in support of the bail application.
Learned counsel for the applicant further submits that co-
accused Rakesh @ Shiv Charan who has been assigned the same role as of applicant has already been granted bail by this Court vide order dated 22.01.2021 passed in Criminal Misc. Bail Application No.4862 of 2021 and another co-accused Sunil has also been granted bail by this Court vide order dated 12.10.2020 passed in Criminal Misc. Bail Application No. 29052 of 2020. Submission is that the case of the applicant is not on worse footing than that of co-accused who has already been released on bail, and therefore, on principles of parity also the applicant should be released on bail.
Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him and he is in jail since 15.01.2021 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned A.G.A. as well as Shri Ram Rawat, learned counsel for the informant opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence and mandate of Article 21 of the Constitution of India and the law laid down by the Hon'ble Apex Court in the case of Dataram Singh vs. State of UP and another, reported in (2018) 3 SCC 22, this Court is of the view that the applicant may be enlarged on bail.
The prayer for bail is granted. The application is allowed.
Let the applicant Chhotu @ Bhanwar Singh involved in Case Crime No.20 of 2020, under sections 323, 325, 504, 506, 307 IPC, Police Station Farah, District Mathura 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 on the following conditions :-
(1) The applicant will not make any attempt to tamper with the
prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date fixed in the court below and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
(3) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(4) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
(5)The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad.
(6) 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
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 7.6.2021
SFH
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving offences under Sections 323, 325, 504, 506, and 307 IPC.
Whether the applicant can be enlarged on bail given the co-accused have already been released and the heavy pendency of the trial.
Colour shows how this judgement treated each authority
Dataram Singh vs. State of UP and anotherExplained¶13
Dataram Singh vs. State of UP and another, (2018) 3 SCC 22 · Who else cites this
Chhotu @ Bhanwar Singh
Shamim Ahmed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
