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Man Singh And Others v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 14788 of 2006  RD-AH 15388 (5 September 2006)
Crl. Misc. Bail Application no. 14788 of 2006
Sodan Singh. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Applicant.
State of U.P. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Opp.Party.
Applicant, Sodan Singh, has applied for bail in this case crime no. 134 of 2006 under sections 147,148, 149, 307, 504, 506, 452 and 34, I.P.C. of police station Kagarole district Agra. Originally this bail application was moved by Man Singh and Sodan Singh jointly, but today the learned counsel for the applicant did not press the prayer for grant of bail to Man Singh stating that he does not want to press the prayer for grant of bail to Man Singh at present and he wants to press the prayer for grant of bail to Sodan Singh only. He was permitted to do so and fresh application for bail be moved on behalf of Man Singh.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The prosecution case starts with a F.I.R. lodged by Deoraj Singh on 17.5.2006 at 8.15 P.M. at police station Kagarole,district Agra. It is stated by the informant therein that on the aforesaid date at about 7.45 P.M. he was present in the Angan of his younger grand father Vijai Singh along with his cousin brother, Shyambir. At that time on account of old enmity accused Fauran Singh, Bijendra Singh having gun and rifle in their hands, Bhura, Mukhteyar and Bachchu having pistols in their hands, Jawahar having his licensed gun, Man Singh, Sodan Singh, Netrapal Singh, Ajai and Banti having pistols in their hands, Pappan alias Nihal Singh having his licensed rifle in his hand entered the house and Man Singh exhorted others to kill them and then all the accused persons fired from their fire arms. Shyambir received fire arm injuries upon his chest and shoulder. His condition was serious. There was light of electricity in the house at the time of incident and it was witnessed by the informant, Udaiveer and Deshraj etc. Shyambir was taken to hospital and Deoraj Singh went to the police station and lodged the report.
The injuries of Shymabir were medically examined on that very date at 9.30 P.M. in S.N. Medical College, Agra. He had two fire arm wounds, one fire arm wound on the right lateral aspect of chest and other fire arm wound on the back of the chest. As per X-Ray report multiple metallic fire burns were seen in the injuries on chest and right arm.
The statement of Shyambir Singh was recorded by the Investigating Officer on 24.5.2006. In the said statement he stated that on 17.5.2006 at about 7.45 P.M. he was returning back to his house from the pond after easing himself, and the accused had concealed themselves near the pond and when he crossed the pond accused Bhura stated that he (Shyambir) should be killed. Accused Man Singh stated that he (Shyambir ) was getting him arrested in criminal cases repeatedly.Then he entered the house of Vijai Singh to protect himself. The accused also entered the said house and Mukhteyar fired on his chest from pistol in his hand. Netrapal, Sodan Singh and Man Singh also fired from pistol and he received injuries on his fore arm from these fires. Ajai Singh had also fired towards his head but he had bowed down his head and so he did not receive any injury. The remaining accused persons were abusing and stating that he should not get opportunity to escape and should be killed. Accused Pappan was also firing from his rifle, Fauran Singh and Bijendra Singh were stating that there is no need to bother and Shyambir be killed. They were also threatening Shyambir and his family members. A large number of persons assembled there and then the accused ran away. There was light of electricity in the house at that time and he ( Shyambir ) had seen the assailants , and he was then taken on a vehicle to police station and hospital.
The applicant has alleged that he is innocent and has been falsely implicated in this case. His learned counsel submitted that in this case co-accused, Nihal Singh alias Pappan Singh has been granted bail by Hon. G.P.Srivastava,J. vide order dated 19.7.2006 passed in Crl. Misc. Bail Application no. 14454 of 2006 on the ground that injured in his statement had not assigned any role of causing injuries to the applicant. It was submitted that bail should also be granted to the applicant.
The learned A.G.A. has opposed the bail application. He submitted that according to the statement of Shyambir, Netrapal, Sodan Singh and Man Singh had fired at him and the fire done by them had hit him on the forearm and so bail should not be granted to the applicant.
The learned counsel for the applicant submitted that according to the injury report of Shyambir he had only two fire arm wounds on his right arm and according to the statement of Shyambir three persons, named, Netrapal, Sodan and Man Singh had fired at Shyambir and it is not clear as to who had caused two fire arm injuries on the right forearm of Shyambir as the above named three assailants had fired from their fire arms, and so bail should be granted to the applicant.
It was also submitted by the learned counsel for the applicant that according to the prosecution case the above named three accused persons had caused injuries to Shyambir on right forearm. He submitted that forearm is not vital part of the body and there is nothing on record to show that injuries caused on the forearm were grievous or dangerous to life of the injured, so bail should be granted to the applicant.
Without expressing any opinion on the merits of the case but taking into consideration the facts and circumstances pointed out above, I am of the view that the applicant, Sodan Singh, against whom there is no any criminal history as compared to Man Singh against whom prosecution has given a list of 17 cases, deserves to be bailed out.
Let the applicant named above be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
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