Bail application allowed. Single-judge High Court granted bail to applicant charged with Attempted Murder and Grievous Hurt due to prima facie doubts about prosecution timeline discrepancies.
Applicant released on bail subject to furnishing personal bond and two sureties and standard conditions regarding interference with evidence or witnesses.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10549 of 2021
Applicant :- Sheelu Dubey Alias Sandeep Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Gautam,Ajay Singh Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1.Heard Sri Ajay Singh, the learned counsel for the applicant, Sri D.K. Srivastava the learned A.G.A. for the State and perused the record.
2.The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 103 of 2020, under Sections 307, 452 I.P.C., P.S. Kamasin, District Banda.
3.The aforesaid case has been registered on the basis of an F.I.R. lodged on 2110-2020 at 10:44 hours against the applicant, one Harish Chandra and an unknown person, alleging that the informant's daughter had eloped with the applicant while leaving her children with the informant. On 21-10-2020 at about 12:30 hours the accused persons came to the informant's house and they asked to take away both the children of the informant's daughter. When the informant's daughter opposed it, the applicant fired a shot with a country made pistol, which hit the informant's husband in his stomach.
4.It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case, he is having no previous criminal history and he is in jail since 02-11-2020. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.
5.The learned A.G.A., on the basis of instructions has opposed the prayer for grant of bail to the applicant. However, he could not dispute the aforesaid aspects of the case.
6.Having regard to the aforesaid facts and submissions and keeping in view the
fact that the F.I.R. has been lodged in district Banda on 21-10-2020 at 10:44 hours, it alleges the incident to have taken place on 21-10-2020 on 12:30 hours whereas the victim has been taken to the hospital at Prayagraj on 21-10-2020 at 11: 00 AM by the informant herself, prima facie I am of the view that the aforesaid discrepancies in time of the incident, lodging of the F.I.R. and conducting the medical examination make the prosecution story prima facie doubtful and also considering the fact that the applicant has no criminal history, I am of the view that the applicant is entitled to be released on bail pending conclusion of the trial. The bail application is accordingly allowed.
7.Let the applicant - Sheelu Dubey Alias Sandeep be released on bail in Case Crime No. 103 of 2020, under Sections 307, 452 I.P.C., P.S. Kamasin, District Banda. on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
8.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application bail before this Court seeking cancellation of bail.
Order Date :- 22.8.2022
pks
Digitally signed by PANKAJ KUMAR SRIVASTAVA Date: 2022.08.23 13:36:46 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether discrepancies in the FIR timeline regarding the incident time, FIR lodging, and hospital admission invalidate the prosecution case and warrant bail.
1 provisions across 1 enactments
Sheelu Dubey Alias Sandeep
State of U.P.
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
