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Nirbhai Singh v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 8189 of 2006  RD-AH 8722 (1 May 2006)
Hon'ble Ravindra Singh , J.
Heard learned Counsel for the applicant and learned A.G.A.
It is submitted by learned counsel for the applicant that in the present case the F.I.R. was lodged by alleged injured Malkhan Singh on 17.10.2005 at 6.40 p.m. in respect of the incident which had occurred on 17.10.2005 at about 4.00 p.m. According to the F.I.R. co-accused Swayamber Singh caused injuries to the deceased by licensed DBBL gun of his son. The shot discharged by co-accused Swayamber Singh hit the deceased. It is said that other co-accused caused injuries by using lathi and danda blows, but thereafter, the statement of the injured first informant was recorded in which he changed the F.I.R. version by giving explanation that the DBBL gun of the son of Swayamber Singh was already deposited due to election and it is added that the applicant was armed with country made pistol and fired which hit the deceased. It is further contended that co-accused Swayamber Singh has been released on bail. It is contended that this material change has been made in the prosecution story only because it was known to the police station concerned that the gun of the son of co-accused Swayamber Singh was deposited that is why in the statement recorded under Section 161 Cr. P. C. the I.O. has given the role of causing injury to the applicant by change role of co-accused Swayamber Singh.
After considering the facts and circumstances of the case and the submissions made by the learned counsel for the applicant and without entering into the merits of the case, the applicant is entitled to be released on bail.
Let the applicant Nirbhai Singh involved in Case Crime No. 215 of 2005, under Sections 302, 325, 323, 504/34 I.P.C., Police Station Baberu , District Banda be released on bail on his furnishing a personal bond and two heavy sureties each of the like amount to the satisfaction of the Court concerned.
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