Single judge court granted bail to Deepak Prajapati in a case under Section 307 I.P.C. The court noted the delay in FIR lodging and lack of dangerous injuries as grounds for release on personal bond and sureties.
Applicant released on bail with personal bond and two reliable sureties to the satisfaction of the CJ.M./Magistrate.
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Court No. - 13
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15910 of 2018
Applicant :- Deepak Prajapati Opposite Party :- State Of U.P. Counsel for Applicant :- Amit Srivastava Counsel for Opposite Party :- G.A.,Sanjay Singh
Hon'ble Umesh Chandra Tripathi,J.
Counter affidavit filed today on behalf of the State is taken on record.
Heard learned counsel for the applicant, learned A.G.A., as well as learned counsel appearing for the complainant. Perused the record.
This bail application has been moved by the applicant Deepak Prajapati who is involved in Case Crime No. 88 of 2018, under Section 307 I.P.C., Police Station-Tejganj, District-Agra.
As per prosecution version, co-accused Smt. Rekha Devi is wife of informant/injured Gambhir Singh. On 22.1.2018 at about 11:59 PM applicant with co-accused Smt. Rekha Devi assaulted on informant with axe due to which he sustained injuries.
Learned counsel for the applicant contended that none of the injuries of informant/complainant is dangerous to life and the FIR has been lodged after 16 hours of the occurrence without any plausible explanation. He further contended that the applicant is in custody since 23.1.2018. Police has submitted chargesheet. Applicant has no criminal antecedents.
Learned A.G.A., as well as learned counsel for the complainant/informant have opposed the prayer for bail and contended that allegation of causing injury is assigned to the applicant.
No useful purpose would be served in keeping the applicant in custody. Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail. Let the applicant- Deepak Prajapati , be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the C.J.M./Magistrate, concerned.
Application stands allowed .
Order Date :- 19.7.2018 Jaswant
3 issues framed by the court
Whether the applicant is entitled to bail in a case under Section 307 I.P.C.
Whether the delay in lodging FIR and nature of injuries justify grant of bail
Whether the applicant should be released on bail with personal bond and sureties
1 provisions across 1 enactments
Deepak Prajapati
State Of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
