Arpit Singh v. State of U.P Thru. Prin. Secy. Civil Secrt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12143 of 2023 Applicant :- Arpit Singh Opposite Party :- State Of U.P Thru. Prin. Secy. Civil Secrt. Lko. Counsel for Applicant :- Sudhir Kumar Rai Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Sudhir Kumar Rai, learned counsel for the applicant, Sri Anurag Verma, learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 101 of 2023, under Section 307, 504, 506, 507 I.P.C. and Section 3/25/27 of Arms Act, registered at Police Station Bihar, District Unnao.

¶3The aforesaid case has been registered on the basis of F.I.R. lodged on 19.05.2023 against four persons, including the applicant and his brother, alleging that at about 8:00 pm on the same date when the informant was passing in front of the house of the accused persons along with his friend Sunny, all the four named accused persons fired a shot with a pistol.

¶4The medico legal examination of the informant mentions two punctured wounds of size 0.5 X 0.5 cm and 0.2 X 0.2 cm on left side of upper shoulder. In the X-ray examination report of the informant, no abnormality has been detected.

¶5Applicant's criminal history of 7 cases has been disclosed in para 16 of the affidavit, in all of which he has been granted bail. Co-accused Ajay Singh has been grnated bail by this Court by means of the order dated 11.08.2023 passed in CRIMINAL MISC. BAIL APPLICATION No.10142 of 2023

¶6The learned A.G.A. has opposed the prayer of the bail, and has submitted that case set up agianst the applicant is not at para with that set up against the co-accused, Ajay Singh as country made pistol and two live cartridges have been recovered from applicant's possession.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that even as per the F.I.R allegations, a single gun shot was fired from a pistol and the informant has alleged that the single shot was fired by four persons, that medico legal examination report mentions two punctured wounds of size .5 cm x .5 cm and 0.2 cm x 0.2 cm on the left side of upper shoulder of the victim; that a co-accused has already been granted bail and the applicant has been languishing in jail since 23.05.2023 and without making any observations 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.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Ajay 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 the following conditions: -

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

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

(iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi, J.) Order Date :- 11.10.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench