Shrawan Singh Alias Mashok Singh v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31526 of 2023 Applicant :- Shrawan Singh Alias Mashok Singh Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant. Despite order, no counter affidavit has been filed.

¶2The present applicant has been filed seeking bail in respect of an FIR, wherein, it was alleged that the four persons named in the FIR were guilty of causing injury including an injury in the stomach with the sharp object.

¶3Counsel for the applicant argues that the allegations were false and a cross FIR was also registered at the instance of the applicant, in which the applicant also sustained injuries. In the supplementary affidavit filed on record, it is revealed that victim was treated for the injury on the wrist, and the injuries on the stomach did not require any surgical intervention and were treated by bandage.

¶4Learned A.G.A. vehemently opposed the bail prayer.

¶5There is no material to demonstrate that the victim was admitted to the hospital, thus, the medical injuries on record and the statement of the doctor, prima facie, did not corroborate the FIR version and the version of the victim. The applicant is in custody since 5.6.2023. In view thereof, I am of the view that the applicant is entitled to be released on bail.

¶6Accordingly, the bail application is allowed.

¶7Let the applicant Shrawan Singh Alias Mashok Singh be released on bail in FIR/ Case Crime No. 324 of 2023, under Sections 323, 307, 504, 34 IPC, P.S. Gida, District Gorakhpur, on his furnishing personal bonds and two reliable sureties of Rs. 25,000/- each to the satisfaction of the court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. Order Date :- 30.10.2023 S.A. High Court of Judicature at Allahabad