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PINTOO ALIAS RAM SINGH versus STATE OF U.P.

High Court of Judicature at Allahabad

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Pintoo Alias Ram Singh v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 15068 of 2006 [2006] RD-AH 13656 (18 August 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 54

CRIMINAL MISC. IIND BAIL APPLICATION NO. 15068 OF 2006

     Pintoo alias Ram Singh Vs. State of U.P.

Hon. Mrs. Poonam Srivastava, J.

Heard Sri Avanish Mishra, learned counsel for the applicant and learned A.G.A. for the State.

The submission on behalf of the applicant is that when the first bail application was argued, the inquest report was not available and certain arguments have been advanced on the basis of injuries noted by the witnesses of the inquest. It is argued that since blackening was noticed during the inquest report, substantial improvement has been made in the statement under Section 161 Cr.P.C. In the first information report, it is a case of single shot whereas in the statements, the improvement is that three shots were fired.

However, the availability of the inquest report at the relevant time when the first bail application was rejected, is immaterial and it can not be said that it is a new fact which came to the knowledge of the applicant and, therefore, I am not inclined to change my opinion on merits at this stage.

It is argued that at the time of incident, the applicant was 20 years of age and preparing for CPMT at Lucknow and also completing his graduation simultaneously. A High School Certificate has been annexed as Annexure-7 showing the age of the applicant as 1.5.1985. Annexure-8 is a certified copy of the order sheet from 15.5.2006 to 1.7.2006. Charge sheet was submitted on 16.8.2005 but till date charge has not yet been framed. The applicant is in jail since 20.5.2005.

Learned A.G.A. has not disputed the age shown in the High School Certificate and also that the trial is not proceeding. On the ground of age alone, this bail application is allowed on the following conditions;

a. the applicant shall not tamper with evidence or intimidate the

witnesses.

b. the applicant shall also cooperate in expeditious trial of the case by the trial court who shall decide the case expeditiously keeping in view of Section 309 Cr.P.C.

c. the applicant shall report to the court of learned C.J.M. concerned in the first week of each month. In default, the bail granted to the applicant shall be deemed cancelled.

d. in the event, it is brought to the notice of the concerned Sessions Judge that the applicant has misused the liberty and violated the conditions mentioned above, it will be open for the learned Sessions Judge to take appropriate steps against the applicant.

Let the applicant Pintoo alias Ram Singh be released on bail in Case Crime No. 159 of 2005, under Section 302 I.P.C., Police Station Dhanghata, District Sant Kabir Nagar on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.

Dt. 18.8.2006.    

Rmk.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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