In a bail application under Sections 323, 307, 504, and 34 IPC, the Single Judge observed that despite the severity of the charges, the accused applicant was entitled to bail without delving into the merits of the case.
Application allowed. Applicant released on bail on furnishing a personal bond and two sureties subject to standard conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9650 of 2019
Applicant :- Chandrapal Opposite Party :- State Of U.P. Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A and gone through the record.
This bail application has been moved on behalf of accused-applicant- Chandrapal , who is involved in case crime no. 425 of 2018 under Section 323, 307, 504 and 34 I.P.C., Police Station-Gagalhedi, District-Saharanpur.
Submission of the learned counsel for the applicant is that FIR was lodged against the applicant and his son-Dharmendra. It is further contended that as per FIR role of assaulting the injured by stabbing has been attributed to Dharmendra and the only role of catching hold the injured was assigned to the applicant. It is further submitted that injury report speaks that there are multiple injuries caused by the knife on the body of the injured but the supplementary medico-legal report shows there is no fracture of any visualized bone injuries seen, and the injuries on the body of the injured are simple in nature, pleading false implication it is lastly contended that the accused applicant is languishing in jail from 17.12.2018.
Learned counsel for the first informant and learned A.G.A has opposed the prayer for bail.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicant is entitled for bail.
Let the above named applicant involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
Order Date :- 8.5.2019 Fhd.
1 issue framed by the court
Whether the accused applicant is entitled to bail considering the nature of offences and severity of punishment.
1 provisions across 1 enactments
Chandrapal
State Of U.P.
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
