Court allowed bail application filed by Sangam Lal in a case under Sections 307 and 506 IPC. The court relied on arguments regarding false implication, inconsistent FIR details, simple injuries, and lack of criminal history.
Applicant to be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court below.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54273 of 2022
Applicant :- Sangam Lal Opposite Party :- State of U.P. Counsel for Applicant :- Narendra Kumar Shukla Counsel for Opposite Party :- G.A.,Pramod Kumar Mishra,Shantanu Pandey,Suneel Kumar Mishra
Hon'ble Ajay Bhanot,J.
By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No.507 of 2022 at Police Station-Handia DistrictPrayagraj under Sections 307, 506 IPC. The applicant is in jail since 07.10.2022.
The bail application of the applicant was rejected by the learned trial court on 29.10.2022.
The following arguments made by Shri Tarun Kumar Sharma, holding brief of Shri Narendra Kumar Shukla learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Pramod Kumar Mishra, learned counsel for the informant and Shri Munne Lal, learned AGA from the record, entitle the applicant for grant of bail:
(1). The applicant has been falsely implicated in the instant case to leverage the criminal proceedings in the civil dispute between the
parties.
(2). The time of incident as depicted in the F.I.R. contradicts the date and time set out in the medical report. The medical report cannot be co-related with the offence.
(3). The medical report opines that the injuries suffered by the victim are simple in nature.
(4). The nature of the injuries establishes that there was no intent to kill.
(5). Prosecution evidence does not connect the applicant with the offence.
(6). The applicant does not have any criminal history apart from this case.
(7). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Sangam Lal be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like
amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
Order Date :- 25.1.2023 Vandit
Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted to the applicant under Sections 307 and 506 IPC.
Whether the applicant is eligible for bail considering the falseness of implication and nature of injuries.
1 provisions across 1 enactments
Sangam Lal
Ajay Bhanot
Vandit Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
