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Judgment
Subhash Vidyarthi, J
Heard Sri Surya Prakash Singh, the learned counsel for the applicant, Sri Jayant Singh Tomar, the learned AGA-I for the State, Sri Vinod Kumar Singh, the learned counsel for the informant and perused the records.
The instant application has been filed seeking release of the applicants on bail in Case Crime No. 79 of 2023, under Sections 147/ 323/ 307/34 IPC, Police Station Baba Bazar, District Faizabad/Ayodhya.
The aforesaid case has been registered on the basis of an FIR lodged on 17.06.2023 against six persons, including the applicant, stating that all the accused persons were beating one Anant Ram Shukla and when Mohit Shukla and Atma Ram Shukla tried to save him, co-accused persons Karunasindhu Shukla and Saloni fired at him with a country made pistol.
Atma Ram Shukla and Mohit Shukla have received gun shot injuries in the incident and Anant Ram Shukla is said to have suffered head injury. However, the documents relating to treatment of Anant Ram Shukla at KGMU, Lucknow do not make mention of head injury. An FIR bearing Case Crime No. 82 of 2023 was lodged regarding the same incident from the side of the applicant also against four persons, including all the three injured persons, stating that they had assaulted the applicant and one Soni and when Karunasindhu tried to save them, he was also beaten up.
In the statement of co-accused Saloni, she stated that she had tried to save her father Karunasindhu and had fired a shot in the process. Karunasindhu had suffered numerous injuries in the incident, as appears from his medico legal examination report. Two other persons from the applicant's side have received injuries in the incident.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that three persons from the applicant's side have received numerous injuries in the incident; that the allegation of firing gun shot has been levelled another co-accused person and there is no specific role assigned to the applicant and that the applicant is 25 years old person having no criminal history, I am of the view that the applicant is entitled to be released on bail in the instant case.
Accordingly, this bail application stands allowed.
Let the applicant-Ishu @ Ranveer be released on bail in Case Crime No. 79 of 2023, under Sections 147/ 323/ 307/34 IPC, Police Station Baba Bazar, District Faizabad/Ayodhya on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) the applicant shall not tamper with the prosecution evidence;
(ii) the applicant shall not pressurize the prosecution witnesses;
(iii) the applicant shall appear on each and every date fixed by the trial court.