Allowed

Ramniwas Yadav v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC3 May 2024/9943/2023

Case brief

AI extract

What is this about?

Justice Subhash Vidyarthi allowed an application for bail in a crime involving attempted murder and affray. The court noted discrepancies between the FIR and the injured victim's statement, along with inconsistencies in the incident timeline and nature of injuries, deeming them sufficient to grant bail without affecting trial merits.

What did the court decide?

Applicant granted bail on personal bond and two sureties subject to conditions of not interfering with evidence and appearing in court.

Ramniwas Yadav Vs State of U.P. Thru. Prin. Secy. Home Lko. — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:34635

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Court No. - 19

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9943 of 2023

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Applicant :- Ramniwas Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Narvind Kumar Singh,Atul Verma,Hari Krishna Verma Counsel for Opposite Party :- G.A.,Arjun Singh Somvanshi,Arjun Singh Somvanshi

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Atul Verma, learned counsel for the applicant, Sri Abhishek Kumar Singh, learned counsel for the State, Sri Arjun Singh Somvanshi, the learned counsel for the informant and perused the records.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0173 of 2022, under Sections 307, 323, 504, 506, 147, 148, 149 I.P.C., registered at Police Station Harpalpur, District Hardoi.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 08.04.2023 at 22.30 hrs. against nine persons, including the applicant stating that there is a property dispute going on between the parties due to which the accused persons keep animosity against the family of the informant. For this reason the accused persons forcibly entered the informant's house. The applicant was carrying an illegal weapon, the coaccused Ram Lakhan was carrying a licensed gun, Jagpal and Deepak were carrying pistols and rest of the accused persons were carrying sticks. All the accused persons hurled abuses and threats, damaged the house hold goods, caught hold of the informant's son Sunil Kumar and started beating him. They abducted the informant's son to outside her home and the

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applicant fired a shot with intention to kill him and the bullet hit on his shoulder. When the informant ran to save her son the coaccused Ram Lakhan threatened to kill her with a gun. The coaccused Jagpal and Deepak aimed and fired shots in the air.

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The medico legal examination report of the victim mentions a solitary lacerated wound of size 2.5 c.m X 0.5 c.m on left shoulder.

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In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

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A supplementary affidavit has been filed on behalf of the applicant disclosing his involvement in three other cases, in none of which he has been summoned till date.

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The copies of statements recorded by the Investigating Officer have also been annexed with the supplementary affidavit. The injured Sunil Kumar stated that the incident occurred at about 2.00 p.m. on 08.04.2023 when the Kanoongo and Lekhpal were carrying out demarcation of land. As soon as they left the accused persons started abusing them and all of them chased him with intention to kill him. The victim Sunil and his brother Anil ran towards their home to save themselves, whereas the accused persons were chasing them while firing shots. As soon as he reached near his home and looked back the applicant fired a shot from a close distance, which had hit him below left shoulder.

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The State has filed a counter affidavit annexing therewith copies of materials collected during investigation which has already been annexed by the applicant in the rejoinder affidavit. The informant also filed a counter affidavit inter alia annexing there with copy of discharge summary issued by the King

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George Medical University, where the injured was admitted on 09.04.2023 at 02.02 a.m. and he was discharged on 13.04.2023. The diagnosis mentioned in the discharge summary is that "penetrating injury over left curricular region with left clavicle fracture due to alleged history of fire arm injury on 08.04.2023".

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The learned counsel for the applicant has submitted that two of the co-accused persons have been exonerated by the Investigating Officer, five co-accused persons have been granted anticipatory bail and one co-accused person Shauveer has been granted bail by this court by means of an order dated 07.08.2023, passed in Criminal Misc. Bail Application No.9710 of 2023.

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I have considered the facts and circumstances of the case and submissions advanced by the learned counsel for the parties.

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What prima facie appears from the material available before this court at this stage is that the incident occurred at about 2.00 p.m. whereas the F.I.R. has been lodged at 22.30 hrs and there is no explanation for this delay; that the informant claims to be an eye witness of the incident and she alleged that the accused persons had entered her house and had abducted her son by taking him outside her home and the applicant shot him, whereas the injured-victim has stated that the incident occurred when he was running towards home from his field after demarcation of certain disputed land; that the F.I.R. alleges that the co-accused persons Jagpal and Deepak had aimed and fired shots but at the same time the informant states that shots were fired in air, which is self contradictory; that although the incident is alleged to have been caused by nine persons, four of which were carrying fire arms, a single gun shot injury has been

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received by the victim and no other injury of any kind has been suffered by any person. The victim has alleged that the shot was fired from a close range but no blackening and tattooing has been reported in the medico legal examination report.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the discrepancies in the F.I.R. version and the statement of the injured-victim coupled with the fact that the applicant is languishing in jail since 09.04.2023 and without making any observation, 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 in the aforesaid crime.

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Accordingly, this bail application stands allowed .

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Let the applicant-Ramniwas Yadav 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 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; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.

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(Subhash Vidyarthi, J.)

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Order Date :- 3.5.2024 Ram.

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

Ramniwas Yadav v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Ramniwas Yadav v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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What did the court decide?

What the court decided

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