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2017 DIGILAW 1573 (ALL)

Puran v. State of U. P.

2017-06-30

AMAR SINGH CHAUHAN

body2017
JUDGMENT Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record. By means of this application, the applicant, Puran, who is involved in Case Crime No. 403 of 2017 under sections 147, 148, 149, 307 IPC, P.S. Vrindavan, district-Mathura, is seeking enlargement on bail during the trial. It is submitted by the learned counsel for the applicant that an FIR was lodged by the informant on 7.5.2017 with the allegation that Kaluwa and his Aunty’s son namely Kully went to Badhot from Village Ajhai on 7.5.2017 for the purposes of taken money and when they were returning then at about 8: 20 O’clock, the applicant along with other co-accused were ambushed 1 K.M. far from his village and made indiscriminate firing upon Kully and Kaluwa with a result that they sustained serious injuries. In the discharge slip of injured Kully a single entry wound of size 1x1 cm present over right shoulder just behind the clavicle and multiple pellet wounds over behind the left lower limb. No exit wound was found and so far as the injured Kaluwa is concerned, a multiple entry wound of size 1x1 cm present over back and multiple pellet wounds over behind upper limb. No exit wound was opined. Both the injured got admitted on 7.5.2017 and discharged on 9.5.2017. In the statement recorded under Section 161 Cr.P.C., the injured Kulli stated that the co-accused Bhupan and Gopal have fired upon him and the role of throwing stone is assigned to the applicant but no such injury was found on the body of the injured. It is further submitted that the role of the applicant is distinguishable from the accused Bhupan and Gopal who are the main assailants. The applicant has no reported criminal antecedents to his credit. He is in jail since 22.5.2017 and entitled to be enlarged on bail during the pendency of the trial. The prayer for bail has been vehemently opposed by learned A.G.A. Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial. Let the applicant, Puran, be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 403 of 2017 under sections 147, 148, 149, 307 IPC, P.S. Vrindavan, district-Mathura, subject to the following conditions: - (a) The applicant shall attend the court according to the conditions of the bond executed by him. (b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.