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Man Singh And Others v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 14788 of 2006 [2006] RD-AH 15388 (5 September 2006)


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Court No.10

    Crl. Misc.  Bail Application no. 14788 of 2006                              

Sodan Singh. . . . . . . . . . . . . . . . . . .  .  . .  . . . . . .   . .  .Applicant.


State  of U.P.  . . . . . . .  . .  . . . .  . . . .  . . .  . .  . . . .   . . .  Opp.Party.


Hon'ble R.K.Rastogi,J.

         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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