The Single Judge rejected the bail application of the accused facing charges under Sections 148, 307, 323, 427, 325 and 506 I.P.C. for an attack resulting in grievous injuries, noting the applicant is a history-sheeter and the case involves a serious attempt to murder.
Release on bail in the crime case pending trial is rejected at this stage.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31362 of 2022
Applicant :- Shyam Sundar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Dubey Counsel for Opposite Party :- G.A.,Lal Mani Singh,Praveen Kumar Singh
Hon'ble Deepak Verma,J.
Heard Sri Rakesh Dubey, learned counsel for the applicant, Sri Lal Mani Singh, learned counsel for the informant, Sri Ram Adhar Ram, learned A.G.A. for the State and perused the material brought on record.
The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.365 of 2021, registered under Sections 147, 148, 307, 323, 427, 325, 506 I.P.C., Police Station Sachendi, District Kanpur Nagar during pendency of the trial.
Allegation in the FIR is that on 16.11.2021 informant was going to market with his brother-Satyam Singh by Scorpio car then accused persons came there by motorcycle; they stopped the car and taken away the informant's brother-Satyam Singh and assaulted him by sharp edged weapon including lathi , danda and knife with intention to kill him and also broke the Scorpio car. On raising alarm, some by-passer reached on the spot. Seeing the persons coming towards the spot, the accused persons fled away. The accused persons, namely, Shyam Sundar Singh and Chunnu-Munnu @ Rambahadur Singh are historysheeter.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due
to prior enmity. Earlier applicant lodged an F.I.R. bearing Case Crime No.413 of 2013 under Sections 147, 148, 323, 307, 506 I.P.C. against Shatrughan Singh, Manoj Singh, Omkar Singh, Chandra Bhusan Singh and Sonu Singh. Informant's father is real cousin brother of Manoj Singh, Shatrughan Singh, Omkar Singh and Vinod Singh. In retaliation/counter of the aforesaid case, present F.I.R. has been lodged against the applicant and other co-accused persons. He next submitted that the injury report cannot be accepted as there are over writing and cuttings in the report and doctor has opined that injury caused by hard and blunt object and are simple in nature. In C.T. Scan report, linear communicated fracture are seen in left temporal region and multiple punctuate hemorrhage contusion are seen in left temporal region. The said C.T. Scan was conducted outside G.S.V.M. Medical College, Kanpur Nagar. The injuries are simple in nature and is not travel beyond the purview of offence under Section 324 I.P.C. as there is no injury which may said to be as grievous in nature. He further contended that co-accused, namely, Rana Singh and Sonu Dubey have been granted bail by the co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos.2402 of 2022 and 28778 of 2022 vide orders dated 09.03.2022 and 26.07.2022 respectively, hence, the applicant is also entitled for bail on the ground of parity. Criminal history of the applicant have been explained in para 18 of the affidavit. The applicant is languishing in jail since 30.06.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.
Per contra, learned A.G.A. as well as informant's counsel have vehemently opposed the bail prayer of the applicant and submit that applicant is notorious and history-sheeter of 21 cases. Doctor has opined that the injuries sustained by the injured are grievous and dangerous to life as the injured sustained serious
head fatal injuries which was sufficient to cause death of the injured-Satyam Singh and it cannot be said that injuries are simple in nature. Seeing the seriousness of injuries of the injured, which was caused over head in order to cause death of the injured, the case is made out under Section 307 I.P.C. It is crystal clear that the intention of the applicant was to murder the injured. Injured, after a long treatment has not yet been recovered to his original position, even he become unsound mind and performing abnormal activities because of injury caused to him. Applicant case is not similarly situated the facts as well as on criminal history, as such, his case would not come under the purview of parity. Moreover, the criminal history of the applicant reflects he is habitual offender and dangerous to the society, hence, the applicant is not entitled for bail.
Considering the facts and circumstances of the case and submissions of the parties and looking to seriousness of injuries caused to injured and role of applicant and gravity of offence, evidence, complicity of the accused in other cases, without expressing any opinion on the merits of the case and considering the submission advanced, I do not find any good ground to exercise my discretion in favour of the applicant to enlarge on bail.
The bail application of the applicant- Shyam Sundar Singh involved in the aforesaid case crime, is hereby rejected at this stage.
Order Date :- 23.9.2022 Nitin Verma
Digitally signed by NITIN KUMAR VERMA Date: 2022.10.01 13:25:47 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to be released on bail considering the gravity of the offence under Section 307 I.P.C. and his criminal history.
Whether the principle of parity applies where co-accused persons have already been granted bail.
Whether the injuries sustained by the victim constitute serious injury justifying rigorous imprisonment.
1 provisions across 1 enactments
Shyam Sundar Singh
State of U.P.
Shardul Goragatti
Nitin Kumar Verma
As recorded by the court registry
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