High Court granted bail to applicant Neeraj Bahadur accused of Attempt to murder and using provocative weapon, noting lack of premeditation and injury report deficiencies, applying guiding principles from Dataram Singh.
Application allowed; applicant released on bail on furnishing personal bond and two heavy sureties subject to standard conditions.
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Court No. - 49
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31182 of 2022
Applicant :- Neeraj Bahadur Opposite Party :- State of U.P. Counsel for Applicant :- Vipin Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and have been falsely implicated in the present case. He has not committed the present offence. Injury report is forged and fake. He is languishing in jail since 17.4.2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
In this matter, as is evident from the record, incident occurred in a spur of moment without any premeditation. There is no X-Ray of the injured on record. Medical examination has been conducted in a private hospital. Hence, keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties, the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, (2018) 3 SCC 22 , and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Neeraj Bahadur involved in Case Crime No. 42 of 2022, under Sections 307 and 336 IPC, P.S. Basrehar, District - Etawah be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 20.10.2022
safi
Digitally signed by MAHBOOB SAFI Date: 2022.10.21 10:06:18 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant has made out a prima facie case for bail on charges ofAttempt to murder and using provocative weapon.
Whether the applicant is a fit and proper person to be released on bail subject to conditions.
Colour shows how this judgement treated each authority
Dataram Singh vs. State of U.P. and anotherApplied¶8
Dataram Singh vs. State of U.P. and another, (2018) 3 SCC 22 · Who else cites this
Neeraj Bahadur
State of U.P.
Nalin Kumar Srivastava
As recorded by the court registry
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