Court No. - 48 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31348 of 2009 Petitioner :- Shiv Surat Shukla Respondent :- State Of U.P. Petitioner Counsel :- B.M.Pandey Respondent Counsel :- Govt Advocate Hon'ble Surendra Singh,J.
Applicant- Shiv Surat Shukla seeks bail in Case Crime No. 129 of 2009
under Sections 307/506 I.P.C., Police Station Kaundhiyara, District
Allahabad.
Heard Sri Jagdish Singh Sengar assisted by Sri Vijay Shankar Mishra as well
as Sri B.M. Pandey, learned counsel for the applicant, Sri Prem Shankar
Mishra, learned counsel for the complainant, learned AGA for the State and
perused the material placed on record.
Learned counsel for the applicant has contended that as per First Information
Report, four persons inclusive of the applicant having armed with Rifle,
countrymade pistol and guns opened fire and caused injuries to the informant,
Ishwar Prasad, who was examined on next day, i.e., 14.9.2009 and according
to the medical report, the injuries cannot be the result of 4 shots from
different fire arm weapons rather injuries appear to be the result of stray
pellets which is the result of one shot from distance. According to the medical
opinion all the injuries were found to be one day old and simple in nature. He
further submits that as per supplementary report, no abnormality was
deducted. He has further submitted that the applicant is in jail since 16.9.2009
and the trial has not commenced and is likely to take some more time to
conclude and more over he has got no criminal history to his credi, thus
deserves to be released on bail.
The bail is, however, opposed by the learned Learned A.G.A. as well as
learned counsel for the informant.
The points pertaining to nature of accusation, severity of punishment,
reasonable apprehension of tampering the witnesses, prima facie, satisfaction
regarding proposed evidence and genuineness of the prosecution case were
dully considered.
Considering totality of circumstances, I consider it a fit case to enlarge the
applicant on bail.
Without expressing any opinion on the merits of the case, let the applicant-
Shiv Surat Shukla involved in aforesaid crime be released on bail on his
furnishing a personal bond of Rs. 250,000/- and two sureties each in the like
amount to the satisfaction of the court concerned and executing an
undertaking in the following terms:
1. The applicant shall appear on every date before the trial court
and shall not seek unnecessary adjournment.
2. The applicant shall not tamper with evidence in any manner.
3. The applicant shall report to the court of C.J.M. Concerned
in the first week of each month till the conclusion of the trial to show
his good conduct and behaviour. In default of any of the aforesaid
conditions, the bail granted to the applicant shall be deemed to be
canceled and he shall be taken into custody by the court concerned.
Order Date :- 18.1.2010
SFH