Ran Vijay Singh @ Guddu Singh v. State of U.P. Thru. Secy. Addl. Chief Secy. Home, Lucknow, U.P. and 3 Others

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2332 of 2023 Applicant :- Ran Vijay Singh @ Guddu Singh Opposite Party :- State Of U.P. Thru. Secy. Addl. Chief Secy. Home, Lucknow, U.P. And 3 Others Counsel for Applicant :- Richa Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Ms Richa Tiwari, the learned counsel for the applicant as well as Sri Anurag Singh, the learned Additional Government Advocate-I appearing on behalf of the State and perused the records.

¶2The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.25 of 2023, under Sections 307, 195, 211, 120B I.P.C., registered at Police Station Khandasa, District Faizabad/Ayodhya.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 07.02.2023 agianst one Azad Singh and an unknown person alleging that named accused persons had fired indiscriminatory towards the informant.

¶4During investigation it came to light that the applicant had fired at the informant from some distance under the aforesaid conspiracy in such a manner that no serious injury be caused to the informant.

¶5In the affidavit filed in support of the anticipatory bail-application it has been contended that the applicant is innocent, he has no criminal history and he has falsely been implicated in the present case.

¶6The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that even as per the findings of the investigating officer, there was no intention of the applicant to kill any person and the allegation of commission of offence under Section 307 IPC appears to have been wrongly leveled and that the other offences carry a maximum punishment of imprisonment up to 7 years; coupled with the fact that the applicant has no criminal history and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant.

¶8In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Ran Vijay Singh @ Guddu Singh before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:

(i). That the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted;

(ii). That 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;

(iii). That the applicant shall not pressurize/ intimidate the prosecution witness; (Subhash Vidyarthi, J.) Order Date :- 19.10.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench