Vaibhav Singh @ Shishu Singh Vs State of U,P. Thru. Prin. Home Lko

Neutral Citation No. - 2025:AHC-LKO:14075

Court No. - 29

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11286 of 2024

Applicant :- Vaibhav Singh @ Shishu Singh Opposite Party :- State Of U,P. Thru. Prin. Home Lko Counsel for Applicant :- Murli Manohar Srivastava,Upmanyu Srivastava

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Counsel for Opposite Party :- G.A.,Sumit Kumar Srivastava

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Hon'ble Subhash Vidyarthi,J.

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Heard Shri Murli Manohar Srivastava, learned counsel for the applicant, Shri Anant Pratap Singh, the learned AGA for the State, Shri Sumit Kumar Srivastava, 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. 214 of 2023, under Sections 143/147/148/307/326/447/506 IPC, Police Station Sohra Mau, District Unnao.

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The aforesaid case has been registered on the basis of F.I.R. lodged on 12.12.2023 against 10 persons, including the applicant, stating that the accused persons had forcibly taken possession of 12 biswa land of the informant's father and they were getting a boundary constructed around that land, On 12.12.2023, the accused persons poured petrol on the informant's father. Three accused persons- Shubham, Vaibhav Singh @ Shishu Singh (the applicant) and Jitendra Pratap Singh were carrying weapons. Initially, the FIR was lodged under Section 307 IPC. The informant's father died on 18.12.2023 and thereafter Section 302 IPC was added by the Prosecution.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely

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implicated in the present case and he has no criminal history.

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It has further been stated in the affidavit that a dispute regarding demarcation of land was going on between the applicant's father and the deceased. An order for demarcation of land was passed on 17.11.2023 and the actual demarcation on site was carried out on 9.12.2023. It was in furtherance of the aforesaid order and the demarcation that the boundary wall was constructed around the land.

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The State has filed a counter affidavit opposing the bail applicant. A copy of the relevant extract of case diary annexed with the counter affidavit contains the dying declaration of the deceased recorded on 12.12.2023, wherein he stated that while he was sitting at his shop on 12.12.2023, Jitendra Singh, Virendra Singh, Shubham Singh and Shishu Singh came there. Jitendra Singh poured petrol on his body. Shishu Singh was catching hold of him, therefore, he could not run away. Shubham Singh set him ablaze.

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The aforesaid statement allegedly given by the victim on 12.12.2023 has been recorded in the case diary in CD No.7 on 20.12.2023.

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The informant has also filed a counter affidavit but no new material has been annexed there. The Investigating Officer has already submitted a charge-sheet on 06.08.2024.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the dying declaration of the informant allegedly made on 12.12.2023 has been recorded in the case diary on 20.12.2023; in that statement, the deceased stated that co-accused Shubham Singh had caught hold of him while he was set ablaze and Shubham Singh is not said to have suffered any burn injury; that the FIR alleges that the accused persons had forcibly taken possession of the land of

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the informant's father whereas the possession appears to have been handed over in legal proceedings regarding demarcation, coupled with the fact that the applicant has no criminal history and he is languishing in jail since 16.07.2024 and a chargesheet has already been submitted on 06.08.2024, 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.

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Accordingly, this bail application stands allowed .

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Let the applicant - Vaibhav Singh @ Shishu Singh be released on bail in the aforementioned 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.

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[Subhash Vidyarthi, J.]

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Order Date :- 7.3.2025 -Amit K-

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

Vaibhav Singh @ Shishu Singh v. State of U,P. Thru. Prin. Home Lko

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Vaibhav Singh @ Shishu Singh v. State of U,P. Thru. Prin. Home Lko

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