Shyam Singh and Another vs State of U.P.

Naheed Ara Moonis, J.—Heard the learned Counsel for the Appellants and the learned A.G.A.

Admit and connect with Criminal Appeal No. 2332 of 2011.

Summon the lower court record.

Since both the appeals are arising out by common judgment the prayer for bail are being considered and disposed of by means of the common order.

It is contended by the learned Counsel for the Appellants that a first information report was registered on 26.7.2008 at 6.30 P.M. by the complainant with the allegations that the brother of the complainant Dinesh Kumar along with one Amit son of Vijay Pal Singh went to village Sahtari, police station Sasni, district Hathras for collecting the installment money from accused/Appellant Shyam Singh. The accused/Appellants Shyam Singh and Chhotu alias Yograj have started altercation with the complainant''s brother and Shyam Singh and Chhotu alias Yog Raj were armed with sariya and lathi-danda and accused Sonu alias Sohan Singh was armed with knife had assaulted the brother of the complainant. It is contended by the learned Counsel for the Appellants that the Appellants were armed with sariya and danda but there is no specific role has been assigned to them only accused Sonu alias Sohan Singh was assigned the role of causing injury with knife and according to the medical report a punctured wound of 2 cm x 0.5 cm. was found and the blood was oozing. It is contended by the learned Counsel for the Appellants that no blood was found at the spot and the nature of injury does not show that it has been caused by knife or it was dangerous to life. The injured was admitted in the hospital on the same day who has stated that while coming down stairs a nail pierced in his back hence the medical report does not corroborate with the injury of the injured. The first information report is also highly belated which was lodged on 26.7.2008 at 6.30 P.M. the statement of the prosecution witness are contradictory. The Appellants have been falsely implicated merely on account of the enmity.

Per contra learned A.G.A. has opposed the prayer for bail and has tried to support the findings of the trial court.

Without expressing any opinion on the merits of the case I am of the view that the Appellants have made out a case for bail. Let the Appellants Shyam Singh, Chhotu alias Yograj and Sonu alias Sohan Singh convicted and sentenced in S.T. No. 319 of 2010, under Sections 308, 324, 504 and 506 I.P.C., police station Madrak, district Aligarh be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.