Allowed

Sachin Singh @ Shivam Singh v. State of U.P Thru. Prin. Secy. Home Civil Secrt. Lko.

Allahabad HC17 Dec 2024BAIL/358/2024

Case brief

AI extract

What is this about?

Bail application under Sections 323, 504, 506, 302 IPC after victim died 115 days post-assault and Section 302 was added. All eye witnesses turned hostile; applicant had earlier bail under Section 307. Bail allowed on personal bond with conditions.

What did the court decide?

Applicant released on bail on personal bond and two sureties each in like amount, subject to conditions of not tampering with evidence or pressurising witnesses and appearing on all trial dates.

Sachin Singh @ Shivam Singh Vs State of U.P… — Murder and Culpable Homicide | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:84633

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Court No. - 29

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 358 of 2024

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Applicant :- Sachin Singh @ Shivam Singh Opposite Party :- State Of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. Counsel for Applicant :- Bharat Kumar Dixit Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Bharat Kumar Dixit, learned counsel for the applicant, Sri Anant Pratap Singh, learned A.G.A. for the State and perused the records.

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The instant application has been filed seeking release of the applicant on bail in F.I.R./Case Crime No.386 of 2022, under Sections 323, 504, 506, 302 I.P.C., registered at Police Station Mill Area, District Raebareli.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 08.09.2023 at 13.23 Hrs. against three persons including the applicant stating that all the three accused persons had assaulted the informant's brother in law with iron rod and sticks at 2.30 p.m. on 07.09.2022 causing fracture in his head. When the accused persons saw some people gathering there they escaped.

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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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Initially the F.I.R. was lodged under Sections 323, 307 I.P.C. and the applicant was granted bail by means of order dated 21.09.2022, passed by learned Sessions Judge, Raebareli.

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Subsequently the victim died on 01.01.2023 i.e. after three months and 23 days since the incident and thereafter Section 302 I.P.C. was added in the case and the applicant was again taken into custody.

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The statements of the informant and the other witnesses who were mentioned to be eye witnesses in the statements recorded during investigation have been recorded by the learned trial court and all of them have been declared to be hostile.

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The learned A.G.A. has opposed the prayer for 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 the F.I.R. was lodged about 24 hours after the incident and it does not make a mention of the name of any eye witness of the incident and the informant himself had also not witnessed the incident; that the victim died after 115 days since the incident due to septicemia; that all the witnesses of the incident turned hostile; that the applicant has no previous criminal history and he is languishing in jail since 22.07.2023 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-Sachin Singh @ Shivam 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 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, unless his appearance is exempted by the learned trial court.

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(Subhash Vidyarthi, J.)

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Order Date :- 17.12.2024 Ram.

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

Sachin Singh @ Shivam Singh v. State of U.P Thru. Prin. Secy. Home Civil Secrt. Lko.

Case brief

What is this about?

What did the court decide?

Sachin Singh @ Shivam Singh v. State of U.P Thru. Prin. Secy. Home Civil Secrt. Lko.

Case brief

What is this about?

What did the court decide?

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