Sonu Dube (In Jail) vs State of U.P.

Barkat Ali Zaidi, J.—Heard Sri Anubhav Trivedi, counsel for the applicant, Sri Manoj Kumar Srivastava, Advocate for the complainant and Sri Mohammad Israil Siddiqui, Addl. Government Advocate for the State.

The accused is charged u/s 307 I.P.C. He is said to have fired on the injured person on 5.11.2007 around 10.30 A.M. in Mohalla Holi, Kannauj. The injury is nearabout the Groin. The doctor has not mentioned that the injury is dangerous to life. The accused along with four others is named in the F.I.R. and the reason given is that there was some altercation between the complainant and the accused persons who belong to the same locality in Kannauj City. It has not been mentioned as to what the controversy was about? The accused has been in jail for about 6 months now.

Taking stock overall circumstances of the case, it seems desirable to grant bail.

He be released on bail on his furnishing a personal bond of Rs. 20,000/- with one surety in the like amount to the satisfaction of court where the case is pending.

An afterwards

After the incident one of the relative, of the five accused involved in the case filed an application for registration of a case u/s 156(3) Cr. P.C. against complainant and others which was unfortunately allowed by the Magistrate. It has been made clear by the Division Bench of this Court in case of Sukhwasi v. State of U.P. 2008 (1) JIC 792 (All.) that the power u/s 156(3) Cr.P.C., should be exercised sparingly and with care and caution. It should not be used to thwart and confuse the original prosecution case against the accused. The Magistrate shall make a note of this.