Allowed

Atul Singh v. State of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko.

Allahabad HC23 Apr 2024/4388/2024

Case brief

AI extract

What is this about?

The Court allowed a bail application filed by Atul Singh in a case involving attempt to murder, insult, and illegal possession of arms. Considering the Firearm evidence and co-accused confession, the Court noted that a single shot fired by four accused combined with mitigating circumstances warranted bail.

What did the court decide?

The applicant was ordered to be released on bail on furnishing a personal bond and two sureties each.

Atul Singh Vs State of U.P. Thru. Prin. Secy. Home, Civil… — Cheque Dishonour | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:31568

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Court No. - 19

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4388 of 2024

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Applicant :- Atul Singh

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Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko.

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Counsel for Applicant :- Sudhir Kumar Rai,Dhirendra Vikram Singh

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Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Sudhir Kumar Rai, the learned counsel for the applicant as well as Sri Anant Pratap Singh, the learned A.G.A. for the State and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 101 of 2023, under Section 307, 504, 506, 507 I.P.C. and Section 3/25/27 of Arms Act, registered at Police Station Bihar, District Unnao.

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The aforesaid case has been registered on the basis of F.I.R. lodged on 19.05.2023 against four persons, including the applicant and his brother, alleging that at about 8:00 pm on the same date when the informant was passing in front of the house of the accused persons along with his friend Sunny, all the four named accused persons fired a shot with a pistol.

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The medico legal examination of the informant mentions two punctured wounds of size 0.5 X 0.5 cm and 0.2 X 0.2 cm on left side of upper shoulder. In the X-ray examination report of the informant, no abnormality has been detected.

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A supplementary affidavit has been filed on behalf of the applicant disclosing his involvement in 16 other cases, in one of

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which he has been acquitted, four stands closed on expiry of stipulated period and in rest of the cases he has been granted bail.

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Co-accused Ajay Singh has been granted bail by means of an order dated 11.08.2023 passed by this Court in Crl. Misc. Bail Application No. 10142 of 2023.

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The learned A.G.A. has opposed the prayer of the bail, but he could not dispute the aforesaid aspects of the matter.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that even as per the F.I.R allegations, a single gun shot was fired from a pistol and the informant has alleged that the single shot was fired by four persons, coupled with the fact that in the statement of coaccused Arpit Singh recorded by the Investigating Officer, he has allegedly confessed having fired a shot and the pistol has been recovered from him and without making any observations which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.

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Accordingly, this bail application stands allowed .

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Let the applicant- Atul Singh be released on bail in the aforesaid case, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/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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Order Date :- 23.4.2024 Pradeep/-

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Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Atul Singh v. State of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko.

Case brief

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Atul Singh v. State of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko.

Case brief

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What did the court decide?

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