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Reserved
Criminal Misc. Bail Application No. 30891 of 2009
Satya Prakash Singh Vs. State of U.P.
Hon. Ravindra Singh, J.
Heard Sri Yogendra Yadav, learned counsel for the applicant,
learned A.G.A. for the State of U.P., Sri Imran Ullah and Sri Mohd
Khalid, learned counsel for the complainant and perused the
record.
It is contended by learned counsel for applicant that
applicant and four other co-accused are named in the FIR and two
miscreants were unknown. It is said that the deceased Arvind
Singh @ Kallan was called by the co-accused Km. Rajani @ Bitto
on the pretext that her family members were wanted to talk for
their marriage. The applicant and other co-accused persons were
standing on the road. First informant and others were surrounded
by them, at the exhortation of the applicant all the six persons
discharged the shots indiscriminately, consequently the deceased
Arvind Singh sustained injuries. According to the FIR seven
persons participated in the commission of the alleged offence, in
which five persons were known and two persons were unknown.
But it has been specifically alleged in FIR that at the exhortation of
the applicant six accused persons discharged the shots. It shows
that excluding applicant six other persons discharged the shots,
consequently the deceased sustained injuries. The applicant did
not cause any injury to the deceased. According to the post
mortem examination report the deceased had sustained eight ante
mortem injuries in which injury No. 2,3,5,7, and 8 were gun shots
wound of entry and injuries No. 1 4 and 6 were gun shot wound of
exit. According to the post mortem examination report also at the
most five persons caused injury to the deceased. The applicant is
too old persons aged about 75 years, he is not having any criminal
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antecedents. He is in jail since 30.7.2009. The case of the
applicant is distinguishable with the case of other co-accused
persons. The co-accused Rajani @ Bitto has been released on bail
by the another bench of this court on 6.11.2009 in Crl. Misc. Bail
Application No. 27957 of 2009.
In reply of the above condition, it is submitted by learned
A.G.A. and learned counsel for the complainant that applicant and
other co-accused persons actively participated in the commission
of the alleged offence. According to the voter list the age of the
applicant is below 75 years, he may not be released on bail.
Considering the submissions made by learned counsel for the
applicant, learned A.G.A., learned counsel for the complainant and
from the perusal of the record it appears that according to the
service record the date of birth of the applicant is 1.12.1039, he is
aged about 70 years, it has not been specifically alleged in the FIR
that at the exhortation of the applicant all the six accused persons
discharged the shots. According to he FIR applicant and four
persons were named and two persons were unknown. The total
number of the accused persons were seven, it shows that other
co-accused persons discharged the shots causing the injury to the
deceased. The case of the applicant is distinguishable with the
case of other co-accused persons and without expressing any
opinion on the merits of the case the applicant is entitle to be
released on bail.
Let the applicant Satya Prakash Singh involved in case crime
no. 311 of 2009 under Sections 147, 148, 149, 302, 120-B, 506
I.P.C., P.S. Akarabad, District Aligarh be released on bail on his
furnishing a personal bond and two heavy sureties each in the like
amount to the satisfaction of the Court concerned with the
following conditions:
1. That the applicant shall not temper with the evidence.
2. That applicant shall report to the police station concerned
in the first week of each month to show his good conduct
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and behaviour.
In default, the bail granted to the applicant shall be deemed
cancelled and he shall be taken into custody forthwith.
Dt:29.01.2010
RPD/
