Allowed

Mangal Singh @ Kanchole v. State of U.P.

Allahabad HC16 Dec 2022BAIL/39997/2022

Case brief

AI extract

What is this about?

In the instant bail application, the Court considered allegations of assault related to delayed filing of an FIR and prior enmity. The Court noted the applicant was not specifically alleged with pouring poison or assaulting the injured. Despite the applicant's association with a notorious gang, the Court allowed the bail application due to lack of plausible explanation for FIR delay, prior enmity,

What did the court decide?

Allowed bail by personal bond with two sureties, provided conditions met.

Mangal Singh @ Kanchole Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39997 of 2022

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Applicant :- Mangal Singh @ Kanchole Opposite Party :- State of U.P. Counsel for Applicant :- Vidhu Bhushan Singh,G.S. Chauhan,Rudra Pratap Pandey Counsel for Opposite Party :- G.A.,Deepak Dubey,Ray Sahab Yadav

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Hon'ble Deepak Verma,J.

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Heard, learned counsel for the applicant; Sri Deepak Dubey, learned counsel for the informant and learned A.G.A. on behalf of State.

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The instant bail application has been filed on behalf of the applicant with a prayer to release them on bail in Case Crime No.221 of 2022, under Section 147, 364, 387, 328, 323, 504 and 506 I.P.C., P.S. Sipari Bazar, District Jhansi, during pendency of trial.

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It is alleged in the F.I.R. that on 09.11.2011 when the informant was going to the temple with his brother Pukhraj and as soon as they reached to the ITI Pahariya, co-accused Gulshan Yadav and his associates including the applicants stopped them by putting the Fortuner Car in front of informant's Activa and took them to their house where informant and his brother was beaten by kick, feet and stick by accused persons. They told to the informant that in case he would not withdraw the case filed against them, they will shoot them. Accused persons also claimed that informant to return Rs. 3 lac, which they spent in filing of the case. The accused persons poured poison in mouth and pushed them on the ground. The informant anyhow manged to escape from the spot, thereafter the brother of the informant got admitted to Rani Laxmibai Medical college, Jhansi.

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It is argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to prior enmity. The F.I.R. is delayed by seven months for which no plausible explanation has been given. It is very much clear from the record of Rani Laxmibai Medical college, Jhansi that injured Aakash, who was admitted in the Hospital on 09.11.2021, absconded from the hospital on 10.01.2021 at 2 pm. From the statement of injured and informant, no specific allegation has been levelled against the applicant for pouring poison or assaulting the injured. There is no independent

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witness of the alleged incident. X-ray examination report does not disclose any fracture to injured. It has been further argued that after implication in the present case, applicants have been implicated in Case Crime No. 308 of 2022 under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act. The applicant Bablu Yadav @ Gyan Singh has one case of criminal history (para 22 of the bail application) while applicant Puspendra Yadav has three cases of criminal history (para-27 of the bail application). Further submission is that co-accused Mohit Yadav @ Tiger has been granted anticipatory bail vide order dated 22.09.2022 passed in Crl. Misc. Anticipatory Bail Application No.5619 of 2022. There is no prospect of trial of the present case being concluded in near future. The applicants are not previous convict. The applicant Bablu Yadav @ Gyan Singh and Puspendra Yadav are languishing in jail since 17.05.2022 and 09.06.2022 respectively and in case they are enlarged on bail they will not misuse the liberty of bail and cooperate in trial.

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Learned A.G.A. and counsel for the informant vehemently opposed the bail prayer of the applicants contending that applicant is active member of gang of Gulshan Yadav and is equally participated in the instant crime. All the accused persons brutally beaten the informant and his brother and forcibly poured poison in their mouth. In support of his submission, counsel for the informant has placed reliance upon the judgement of Apex court in Brijmani Devi Vs. Pappu Kumar and Another (2022) 2 SCC (Cri) 170 . The injuries sustained by the injured are serious in nature. The applicant is member of notorious gang and is not entitled to be enlarged on bail.

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Considering the arguments raised by counsel for the parties, it is evident that F.I.R. is delayed by seven months for which no explanation has been given. There was prior enmity between the parties which is admitted and false implication cannot be ruled out. As per statement of informant and injured, no role for assaulting and pouring poison has been assigned to the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , passed in S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Mangal Singh @ Kanchole be released on bail on his furnishing a personal bond and two 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.

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The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 16.12.2022 Sachin/-

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Digitally signed by SACHIN TIWARI Date: 2022.12.19 12:12:19 IST Reason: Location: High Court of Judicature at Allahabad

Mangal Singh @ Kanchole v. State of U.P.

Case brief

What is this about?

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Mangal Singh @ Kanchole v. State of U.P.

Case brief

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