Rahul v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45903 of 2023 Applicant :- Rahul Opposite Party :- State of U.P. Counsel for Applicant :- Narayan Swaroop,Vinay Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant, learned AGA and perused the record.

¶2The FIR in question was lodged against as many as 12 unnamed and 11 unnamed persons with regard to commission of the offence. It was alleged that on account of a dispute in between the two families, firing had taken place which resulted in a stray bullet affecting one of the passersby.

¶3Learned counsel for the applicant argues that the dispute arose on account of the informant's misbehaving with the sister of the applicant for which a separate FIR was also registered. He also draws my attention to the statement of the victim who had stated that on account of the incident, the bullet fired by Satyapal hit the victim on thigh.

¶4Learned AGA has opposed the bail application.

¶5Considering the submissions and the fact that there is no specific allegation against the applicant of having affected the firearm injury, which is attributed to one Satyapal, the applicant who has no criminal antecedent prior to the offence in question, is entitled to be enlarged on bail. In view thereof, the application is allowed.

¶6Let the applicant Rahul be released on bail in FIR No.275 of 2023, under Section 147, 148, 149, 323, 336, 332, 353, 307, 504, 506 IPC & Section 7 of Criminal Law (Amendment) Act, P.S. Jaithra, District Etah on his furnishing a personal bond with two sureties of Rs.25,000/- each to the satisfaction of 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 :- 31.10.2023 nishant High Court of Judicature at Allahabad