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Shish Pal Singh vs State of U.P.and others

Allahabad High Court · Decided on 14 March 2008 · Citation: (2008) 03 AHC CK 0181

HON’BLE JUDGES
A.K.Roopanwal, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 439 · Penal Code, 1860 (IPC) — Section 308, 452, 504
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 27219 of 2007
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Judgment

6 paragraphs · 397 words

A.K. Roopanwal, J.—This is an application for bail on behalf of the accusedapplicant Shish Pal Singh involved in case crime No. 458/07, under Sections 452, 504, 308, IPC, PS. Pakwada, District Moradabad.

2.

It appears from the FIR of the case that on 23807 the applicant and one Lakhi made entry into the house of the informant at 9.00 p.m. and started abusing the inmates. When objected, they started beating the first informant Om Prakash with lathi, danda and iron rods and when Jagdish, Veer Singh and Dulari came for his rescue, Jagdish was shot at but the fire was missed. Thereafter, the present applicant wielded several assault with an iron rod which caused serious injuries on the head of Jagdish. He was taken to the hospital and his injuries were examined on 24807. Later on he was sent to L.L.R. Hospital, Meerut where he was admitted on 25807 and was discharged on 1907. In L.L.R. Hospital fracture of parietal bone was found on the body of Jagdish. After the discharge the FIR was lodged on 8907.

3.

Heard Mr. O.K. Tiwari assisted by Mr. Ghanshyam Joshi and Amit Singh, learned Counsel for the applicant, learned AGA and perused the record.

4.

Mr. Tiwari argued that the FIR is the outcome of due thoughts and deliberations. There is no reason as to why theFIR was not promptly lodged after the occurrence. The FIR was lodged by the brother of the injured, Jagdish who could have even lodged it on the day of the occurrence or soon after it but it was not done. The FIR was not even lodged after the discharge of the injured from the L.L.R. Hospital on 1907. It was lodged after 7 days of the discharge which itself shows that it was lodged after due thoughts. It was also said that the story as pleaded in the FIR cannot be believed in absence of the injury reports of the informant Om Prakash, Veer Singh and Dulari while it is said that all were also beaten by the assailants.

5.

Considering the above arguments, I am inclined to admit the applicant to bail.

6.

The application for bail is hereby allowed and the applicant Shish Pal Singh is admitted to bail on his executing a personal bond of Rs. 15,000 with two sureties of the like amount to the satisfaction of the Court concerned.