Allowed

Bhole @ Vishal v. State of U.P.

Allahabad HC7 Dec 2020BAIL/43692/2020

Case brief

AI extract

What is this about?

The Single Judge Court granted bail to the applicant accused under Section 307 IPC for allegedly assaulting his daughter-in-law with a blunt weapon. The court found the case fit for bail, conditioning release on personal bond and two sureties, without commenting on the merits.

What did the court decide?

The applicant Bhole @ Vishal released on bail on personal bond and two reliable sureties.

Bhole @ Vishal Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2020)

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Court No. - 45

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43692 of 2020

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Applicant :- Bhole @ Vishal Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chand,J.

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

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This bail application has been preferred by the accusedapplicant Bhole @ Vishal, who is involved in Case Crime No. 300 of 2020, under Section 307 IPC, Police Station Bhogaon, District Mainpuri.

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The FIR case is that the daughter of informant Rinki was married with Sheelu about three years back. On 28.06.2020 at 4:00 O'clock of evening, a dispute arose between the daughter of informant and brother-in-law (Devar) of his daughter Bhole @ Vishal and over some issue accused Bhole @ Vishal assaulted his daughter Rinki with Gadasa whereby she sustained grievous injuries. She was rushed to the Hospital by the mother-in-law and father-in-law and due to serious condition, she was referred to Saifai Hospital.

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Learned counsel for applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to enmity. The date of occurrence is 28.06.2020 and the FIR was lodged on 30.06.2020, while the distance of the police station from the place of occurrence is 14 k.m. In the injury report, injuries are stated to be caused by hard and blunt object and the applicant has been languishing in jail since 02.07.2020. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has vehemently opposed the prayer for bail and contended that weapon used is stated to be Gadasa, which is not usually a sharp weapon.

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Injury report of injured Rinki is in Annxure-3 to the affidavit in which all three injuries are lacerated wound and are caused by blunt object. These injuries were kept under observation but no supplementary report is on record. The statement of victim Rinki is in Annexure-2 of the affidavit in which Rinki supported

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the FIR version. The injuries caused to the victim are lacerated wound and as per the medical report, same are accordingly to be caused by blunt object while in the FIR, weapon used is stated to be Gadasa. In injury report nothing is mentioned in regard to the general condition of the injured. The applicant has been languishing in jail since 02.07.2020. The applicant has no criminal antecedents.

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In view of the facts and circumstances of the case and the submissions made by learned counsel for both the 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 the applicant Bhole @ Vishal, 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 shall not indulge in any criminal history.

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

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

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(iv) The applicant 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 without any reference to this Court.

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Order Date :- 7.12.2020 Monika

Bhole @ Vishal v. State of U.P.

Case brief

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Bhole @ Vishal v. State of U.P.

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