Allowed

Kaptan Singh v. State of U.P.

Allahabad HC17 Feb 2022BAIL/46457/2021

Case brief

AI extract

What is this about?

The Hon'ble Court allowed bail to the applicant Kaptan Singh in a case concerning alleged attempt to murder and nuisance under Sections 307, 323, 504, and 506 IPC. The court noted medical reports did not support the claim that the applicant struck the victim with a gun.

What did the court decide?

Release of applicant on bail on furnishing a personal bond and two local sureties of like amount with standard conditional bonds.

Kaptan Singh Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46457 of 2021

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Applicant :- Kaptan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Sharma,Pradeep Kumar Yadav,Satendra Kumar Counsel for Opposite Party :- G.A.,Avanish Kumar Shukla,Mithilesh Kumar Shukla

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Hon'ble Subhash Vidyarthi,J.

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Heard learned counsel for the applicant Shri Satendra Kumar, Shri Arun Kumar Pandey, learned A.G.A. for the State and perused the material on record. Although the name of Shri Avanish Kumar Shukla and Mithilesh Kumar Shukla, advocate is printed in the cause list but none has appeared on behalf to make submissions.

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 211 of 2021, under Sections 307, 323, 504, 506 I.P.C, Police Station Eka, District Firozabad.

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The submission of the learned counsel for the applicant is that on 26-08-2021 an F.I.R. No. 0211 of 2021 was lodged under Sections 307, 323, 504, 506 I.P.C, Police Station Eka, District Firozabad against four accused persons including the applicant. The informant alleged that she had married Shailendra Singh against the wishes of her family members in the year 2016 and for this reason her family members felt animosity with her. She is residing with her parentals in-laws. On the date of incident her husband Shailendra Singh had gone to watch wrestling in the Akahra situated on the boundary of the village when her brothers Vivek @ Vipin and Prashant along with Pradeep son of Munna Lal and Kaptan Singh son of Mahaveer Singh (the applicant) surrounded her husband and fired a bullet on his chest. Another fire shot hit a person who tried to protect her husband. The allegation against the applicant is that he hit the informant's husband with the butt of his licensed double barrel gun.

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The injury report of the informant's husband Shailendra Singh mentions only two wounds i.e. an entry wound and exit wound, which in the opinion of doctor have been caused by suspected firearm injury. There is no other injury suffered by the informant's husband. A copy of the discharge slip of the other injured person Jagdish also mentions his complaint of pain, swelling and deformity with laceration over left knee.

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The submission of the learned counsel for the applicant is that as per the informant there is animosity between herself and her family members for the reason that she had married against their wishes and he has been falsely implicated in the present case although he is not related to the informant or to her brothers in any manner.

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The injured persons have received only gunshot injuries fired by the brothers of the informant and the allegations against the applicant that he hit the injured persons with the butt of his gun is absolutely false and is not supported by the medical examination report. It is next contended that the applicant is in jail since 27-08-2021 and in case he is enlarged on bail, he will not misuse the said liberty.

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Per contra, learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the facts and circumstances of the case as well as the submissions made by the learned counsel for the parties and also perusing the material on record and without expressing any opinion on the merits of the case, I am of view that the applicant is entitled for bail. The bail application is accordingly allowed.

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Let the applicant Kaptan Singh involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 17.2.2022

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pks

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Digitally signed by PANKAJ KUMAR SRIVASTAVA Date: 2022.02.18 11:04:49 IST Reason: Location: High Court of Judicature at Allahabad

Kaptan Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kaptan Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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