Allowed

Shiv Balak v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko.

Allahabad HC9 Sept 2024BAIL/8681/2024

Case brief

AI extract

What is this about?

The Allahabad High Court granted bail to the applicant in a criminal case involving assault and attempted culpable homicide. The court held that the solitary injury alleged against the applicant, combined with the delay in FIR registration, lack of criminal history, and bail granted to co-accused, warranted his release on bond.

What did the court decide?

Application allowed. Applicant released on bail upon furnishing personal bond and two sureties, subject to standard conditions.

Shiv Balak vs State of U.P. Thru. Addl. Chief Secy… — Cheating and Forgery | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:66283

¶2

Court No. - 19

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8681 of 2024

¶4

Applicant :- Shiv Balak

¶5

Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. Counsel for Applicant :- Rajesh Kumar Sharma,Prabhu Sharan,Shivani Soni Counsel for Opposite Party :- G.A.

¶6

Hon'ble Subhash Vidyarthi,J.

¶7

Heard Sri Rajesh Kumar Sharma, the learned counsel for the applicant, Sri Punit Kumar Yadav, the learned counsel for the State and perused the records.

¶8

By means of the instant bail application, the applicant is seeking his release on bail in Case Crime No.442 of 2021, under Sections 323, 506 and 308 I.P.C., registered at Police Station - Safipur, District - Unnao.

¶9

The aforesaid case has been registered on the basis of an F.I.R. lodged on 12.11.2021 against four persons, including the applicant, his brother and two sons stating that on 06.11.2021, co-accused Lala had beaten up the informant and when he was going to register a complaint in police station - Safipur, the accused persons caught hold and assaulted him. The FIR states that the applicant hit the informant with an iron rod on his head.

¶10

The medico legal examination report of the informant mentions a lacerated wound on right side of skull besides two abrasions on right side of forehead and right side of face and a complaint of pain on right side of lower back. X-ray examination reveals that fracture seen on right side of skull.

¶11

In the affidavit filed in support of the 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.

¶12

All the other co-accused persons have been granted bail in the present case.

¶13

The learned State Counsel has opposed the prayer for bail and he has

¶14

submitted that the case set up against the applicant is not similar to the case set up against the other accused persons as the role of causing injury with an iron rod has been assigned to the applicant.

¶15

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the a solitary injury is alleged to have been caused by the applicant; that incident took place on 07.11.2021 whereas the FIR has been lodged on 12.11.2021; that the applicant has no previous criminal history and that all the co-accused persons have been granted bail whereas the applicant is languishing in jail since 12.05.2024, 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.

¶16

Accordingly, this bail application stands allowed .

¶17

Let the applicant - Shiv Balak 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:-

¶18

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

¶19

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

¶20

(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.

¶21

[Subhash Vidyarthi, J.]

¶22

Order Date :- 24.9.2024 KR

¶23

Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Shiv Balak v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko.

Case brief

What is this about?

What did the court decide?

Shiv Balak v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Sahab Deen Yadav and Another Vs State of U.P. Thru. Prin. Secy. (Home) U.P. Civil Secy. Govt. of U.P. Lko. and 4 Others

Ramawati Vs Civil Judge, Junior Division, Sadar, Faizabad and Others

Shiv Shankar Sharma @ Shiv Shankar Vs Rent Authority / Court of Addl. District Magistrate City(East), Lucknow and Another

Lallu Ram vs District Judge, Distt. Shrawasti and 5 Others

Gyanendra Kumar vs State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko.

Ganesh Prasad, Thru. His Power of Attorney Holder Shri Ved Prakash vs Shri Surya Pal Gangwar, District Collector, Lucknow