Allowed

Kapil v. State of U.P.

Allahabad HC2 Nov 2020BAIL/35179/2020

Case brief

AI extract

What is this about?

In a bail application under Sections 326 and 427 IPC for causing grievous hurt and mischief, the court found that medical reports were uncorroborated by the injured's statement. Consequently, the court ordered bail on conditions of personal bond and sureties without deciding on the merits of the case.

What did the court decide?

Accused Kapil to be released on bail with personal bond and two sureties under conditions of not indulging in criminal activity, tampering with evidence, or pressuring witnesses.

Kapil Vs State of U.P. — Cheating and Forgery | Allahabad HC (2020)

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Court No. - 38

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35179 of 2020

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Applicant :- Kapil Opposite Party :- State of U.P. Counsel for Applicant :- Satish Kumar Tyagi Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chand,J.

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Vakalatnama filed today by Shri Vinod Kumar, learned Advocate on behalf of complainant/informant. The same is taken on record.

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Heard learned counsel for applicant(s), learned A.G.A. and perused the record.

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This bail application has been preferred by the accusedapplicant(s), Kapil, who is involved in Case Crime No. 392 of 2020, under Sections 326 and 427 I.P.C. P.S.- Murad Nagar, District- Ghaziabad.

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The prosecution version is that brother of the informant Sachin Kumar had gone to participate in party of marriage anniversary of Rinku Chaudhary and he was assaulted by unknown persons with sharp edged weapon, whereby he sustained grievous injuries and he was admitted in Sarvoday Hospital, Kavinagar, Ghaziabad. F.I.R of this occurrence was lodged against unknown person under Section 324, 427 I.P.C.

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During investigation the name of the applicant and co-accused came into light and on the basis of the injury report Section 326 I.P.C was enhanced.

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Learned counsel for the applicant(s) in support of his prayer for bail submits that the applicant(s) is innocent and he has been falsely implicated in the present case. It is further submitted that applicant is languishing in jail since 12.07.2020.

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On behalf of State and learned counsel for the complainant bail has been opposed.

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Injury report of injured Sachin Chaudhary is Annexure-2. The nature of injuries mentioned are grievous, caused by sharp edged weapon.

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The statement of injured Sachin is Annexure-5, in which he

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states that Vishal @ Bunty and Kapil both came in intoxicated condition and stabbed the glass bottle of wine into his stomach and also damaged his Breeza car.

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Medical report of the injured is not corroborated with the statement of the injured and as such in view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.

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Let applicant(s), Kapil, 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 court concerned with the following conditions:

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(i) The applicant(s) shall not indulge in any criminal activity.

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(ii) The applicant(s) shall not tamper with the prosecution evidence.

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(iii) The applicant(s) shall not pressurize the prosecution witnesses.

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(iv) The applicant(s) shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.

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In case of default of any of the conditions enumerated above, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court.

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Order Date :- 2.11.2020 PS

Kapil v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kapil v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Case details

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