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Allahabad High Court · body

2015 DIGILAW 978 (ALL)

Chandresh Tyagi v. State of U. P.

2015-04-24

VIJAY PRAKASH PATHAK

body2015
JUDGMENT Vijay Prakash Pathak, J. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record. 2. This bail application has been moved on behalf of the applicant Chandresh Tyagi, who is involved in Case Crime No. 303 of 2013, under Sections 323, 504, 506, 420, 406, 307 IPC, P.S.Nakhasa, District Sambhal. 3. Learned counsel for the applicant has contended that the applicant is innocent and has been falsely implicated. It is further contended that according to FIR version due to some dispute regarding asking of advance for two trucks Chanas( coal dust ), the applicant is alleged to have fired shot upon the complainant due to which he received injuries. It is further submitted that according to injury report, one lacerated wound on left side of chest 0.5 cm x 0.3 cm 0.6 cm away from left nipple and a circular wound of 0.5 cm x 0.3cm, 0.09 cm away from injury no.1, were found on the person of the injured and X-Ray was advised. According to X Ray report dated 31.8..2013, injury no.1 was found to be grievous in nature. It is further contended that the said X-Ray report was forged one as the Doctor Archana Yadv who is said to have prepared the said supplementary report of X-Ray had wrote a letter stating therein that the medical examination of the injured was conducted by her on 26.8.2013 at 9.40 PM in the night and the injuries which were noted by her appeared to be self made and there was no firearm injury and it appears that in colllusion with the family members of the complainant,the X-Ray report of pellet shot was intentionally shown. It is furthr submitted that another supplementary report was submitted by Doctor Kaptan Singhy, Medical Superintendent CHC, who reported the said injury to be simple in nature. It is further submitted that the entire prosecution story has been concocted by the police and supplementary medical report was got prepared fraudulently only to give colour in the matter falsely implicating the applicant. It is further submitted that no offence is made out against the applicant under Section 307 IPC and the applicant is in Jail since 20.10.2014 and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses. 4. It is further submitted that no offence is made out against the applicant under Section 307 IPC and the applicant is in Jail since 20.10.2014 and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses. 4. Learned A.G.A. opposed the prayer for bail. Considering the entire facts and circumstances of the case, the allegations in the FIR and all other materials available on record, the applicant may be released on bail. 5. Let the applicant Chandresh Tyagi, who is involved in Case Crime No. 303 of 2013, under Sections 323, 504, 506, 420, 406, 307 IPC, P.S.Nakhasa, District Sambhal be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned on the following conditions: - 1. The applicant will not tamper with the evidence during course of trial. 2. The applicant will not pressurise/ intimidate the prosecution witnesses. 3. The applicant will appear before the trial court on the date fixed. 6. In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.