Allowed

Madan @ Madan Lal Sharma v. State of U.P.

Allahabad HC2 Aug 2022BAIL/24877/2022

Case brief

AI extract

What is this about?

This bail application, filed by a senior citizen with severe health issues in a cross-case involving injuries to opposing parties, was allowed. The court acknowledged the applicant's ailment and the seriousness of injuries to his brother while noting simple injuries to the informant's family.

What did the court decide?

The applicant was released on bail subject to furnishing a personal bond and two sureties, with conditions to not tamper with evidence, influence witnesses, and appear as required.

Madan @ Madan Lal Sharma Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24877 of 2022

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Applicant :- Madan @ Madan Lal Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Prashant Shukla,Pankaj Tiwari Counsel for Opposite Party :- G.A.,Vinod Singh

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Hon'ble Subhash Vidyarthi,J.

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1.Heard Sri Prashant Shukla, the learned counsel for the applicant, Sri Jitendra Kumar Jaiswal, the learned A.G.A. for the State, Shri Vinod Singh, the learned counsel for the informant and perused the record.

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2.The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 64 of 2022, under Sections 452, 323 and 308 I.P.C., P.S. Salempur, District Bulandshahar.

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3.The aforesaid case has been registered on the basis of an F.I.R. lodged by the informant against the applicant and his three brothers alleging that the accused persons had beaten up the informant's father and uncle with sticks. When the informant's father raised an alarm the informant's brother and several other persons reached on the spot and they saved the informant's father.

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4.In the affidavit filed in support of the bail application it has been stated that in the injury report of Ganga Sharan, five injuries were found, all of which are simple in nature and have been caused by hard and blunt object. The other injured persons Jaigopal was found to have suffered two simple injuries and a fracture of temporal bone caused by hard and blunt object. Copies of the medical examination report of the injured persons have been annexed with the affidavit. It has further been stated in the affidavit that the informant along with his father, uncle and son Sonu had came to the house of the applicant and they had beaten up and badly injured the applicant's brother Ganga Prasad. After the applicant's brother raised a hue and cry the informant and other persons had fled from the spot.

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5.The applicant had lodged an F.I.R. on 07-04-2022 itself at about 15:52 hours against Ganga Sharan, Jaigopal, Ankit and Sonu stating that the aforesaid persons had beaten up the applicant's brother resulting in serious injuries on his chest and other parts of the body. The injury report of the applicant's brother Ganga Prasad has also been filed. It has further been

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stated in the affidavit that Ganga Prasad had also received a stabb injury in the right side of his chest for which he had been referred to All India Institute of Medical Sciences, Trauma Center, New Delhi. The medical report of the injured Ganga Prasad issued by Jai Prakash Narayan Apex Trauma Center, Department of Radiodiagnosis, AIIMS, New Delhi mentions " Visible penetrating wounds approx. 2 X 2 CM on RT chest close to Clavicle in Mid Clavicular Line and " Abrasion over LT shoulder approx 5 X 3 CM".

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6.It has been stated in the affidavit that the applicant was not present at the time and place of occurrence and also that the applicant is an old and ailing person and he is suffering from severe stomach disorder since long. It has further been stated in the affidavit that the applicant and his family members have been falsely implicated in the case because of an old enmity between the parties and that no specific role has been assigned to the applicant in the F.I.R..

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7.The applicant is in jail since 07.04.2022. 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.

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8.Per contra, Shri Vinod Singh, the learned counsel for the informant and the learned A.G.A., on the basis of instructions have opposed the prayer for grant of bail to the applicant. The learned counsel for the informant submits that the informant, his uncle and son have suffered injuries in the incident. However, they could not dispute the aforesaid aspects of the case.

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9.Keeping in view the fact that it is a cross case in which the applicant's brother has also received injuries and he had to be treated at AIIMS, New Delhi and also the fact that the applicant is a senior citizen, this Court is satisfied that the applicant has made out a case for being enlarged on bail pending conclusion of the trial. The bail application is accordingly allowed.

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10.Let the applicant - Madan @ Madan Lal Sharma be released on bail in Case Crime No. 64 of 2022, under Sections 452, 323 and 308 I.P.C., P.S. Salempur, District Bulandshahar 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:-

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(i) The applicant will not tamper with the evidence during the

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trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(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.

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11.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.

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Order Date :- 2.8.2022

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pks

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Digitally signed by PANKAJ KUMAR SRIVASTAVA Date: 2022.08.05 09:37:11 IST Reason: Location: High Court of Judicature at Allahabad

Madan @ Madan Lal Sharma v. State of U.P.

Case brief

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Madan @ Madan Lal Sharma v. State of U.P.

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