Shubham Singh @ Master v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13449 of 2023 Applicant :- Shubham Singh @ Master Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Vijay Pratap Singh,Karunesh Singh,Veerbahadur Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Vijay Pratap Singh, learned counsel for the applicant, Sri Anurag Verma, learned A.G.A.-I for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in FIR/Case Crime No. 131 of 2022, under Sections 307/323/504 I.P.C., registered at Police Station Karaundi Kalan, District Sultanpur.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 03.07.2023 against the applicant and one Brijesh Singh alleging that the accused persons had fired three-four rounds of shots with a pistol, one of which hit him. Thereafter, they had beaten up the informant with a bamboo.

¶4The medico legal examination report of the victim mentions a lacerated wound of size 2x2 cm. posterior surface of left thigh and two contusions on left arm and left side of back. No X-ray examination was conducted. The learned counsel for the applicant has submitted that the charge sheet has been filed in the case on 08.10.2023.

¶5In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in three other cases has been disclosed in para 17 of the affidavit filed in support of the application and in two of which he has already been granted bail.

¶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 the allegation of firing shots with a pistol is not supported by any findings of the medico legal examination report; that the victim has suffered only three simple injuries in the incident and that the applicant is languishing in jail since 14.07.2023 and without making any observation, 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 in the aforesaid crime.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Shubham Singh @ Master 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 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 :- 9.11.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench