Allahabad High Court
Indra Bahadur Singh @ Ganga Singh vs State Of U.P. on 13 January, 2010
Author: Raj Mani Chauhan
Bench: Raj Mani Chauhan
Court No. 20
Criminal Misc. Case No. 9048 (B) of 2009
Indra Bahadur Singh alias Ganga Singh
...Versus...
State of U.P.
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Hon'ble Raj Mani Chauhan,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The accused-applicant Indra Bahadur Singh alias Ganga Singh is involved and detained in Case Crime No. 170 of 2009, under Sections 147, 148, 149, 302, 201, 504, 307 I.P.C. and 7 Criminal Law Amendment Act, from Police Station Umari Begumganj, District Gonda and he has applied for bail.
The prosecution case, in brief, is that the complainant and the accused applicant belong to the same village Paras Patti, Purwar, Police Station Umari Begumganj, District Gonda. This village situates near the river. The fateful occurrence is said to have taken place on 21.8.2009 at about 10.00 P.M. At the time of occurrence, the village was badly flood affected. One Anant Ram Singh, a fair price shop licensee had brought two boats for the villagers which were provided by the District Administration. One Mast Ram Singh requested for one boat for his villagers but he refused to hand over the boat; rather he told that boat would be distributed as per direction of Sri Ganga Singh. In the meantime, Ganga Singh, his nephew, Kuldeep, Pradeep Kumar, Shiv Bahadur Singh and Khaderu Yadav reached there. Ganga Singh had threatened Mast Ram with dire consequences. Mast Ram left the place and returned back to his house and narrated about this episode to his brother Sri Krishna who told that he was supporter of Ganga Singh even then he was showing eyes to his brother. He along with complainant and others went to the house of Ganga Singh at about 10.00 P.M. and asked him about the boat. There had been exchange of hot words between them. Consequently, Ganga Singh, his nephew Kuldeep Singh opened fire from their gun which caused injuries to Sri Krishna and others. The injured Sri Krishna was taken to the Trauma Center, K.G.M.C., Lucknow where he succumbed to his injuries after one month and eight days.
Learned counsel for the accused applicant contends that admittedly, the occurrence had taken place at the door of accused applicant Ganga Singh while the complainant and the deceased were resident of another part of the same village. There are cross-cases between the parties. In fact, on the night of occurrence, Mast Ram along with 14 others went to the house of accused Ganga Singh. They were forcibly entering into his house. They were armed with illegal firearms. Mast Ram and Vinay Singh had opened fire on Chander, the servant of Ganga Singh. Therefore, the wife of Ganga Singh Smt. Sandhya Singh finding no way went to the roof of her house and opened fire in self defence. From a perusal of injury report of Chander, it appears that he had sustained as many as four fire arm injuries. The injuries sustained by Chander have not been explained by the prosecution. It appears that the complainant has not come with clean hand. He suppressed genuineness of the occurrence. The accused Kuldeep Singh who is also said to have opened firearm and caused injuries to Mast Ram has already been ordered to be released on bail by the order of learned Sessions Judge. Therefore, the present accused applicant also deserves to be released on bail.
Learned A.G.A. opposed the bail application.
Considered the submissions of the learned counsel for the accused applicant, learned A.G.A.
The occurrence had taken place near the house of the accused applicant Ganga Singh in which both sides had sustained firearm injuries. The F.I.R. of the same occurrence had also been lodged by Smt. Sandhya Singh, the wife of the accused applicant Ganga Singh on the same day at 16.30 hours against complainant and 14 others. Keeping in view the totality of the facts and circumstances of the case, without expressing any opinion on the merit of the case, the accused applicant may be released on bail.
Let applicant Indra Bahadur Singh alias Ganga Singh be released on bail in the aforesaid case crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
13.01.2010 Sanjay/-