In a criminal bail application under Sections 323, 326, 504, and 506 IPC, the Court held that the case is a fit one for bail despite the grievous injury sustained by the informant, ordering the release of the applicant on bond and sureties with standard conditions.
Applicant released on bail upon furnishing personal bond and two sureties of like amount.
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. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43773 of 2020
Applicant :- Sujeet Kumar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for applicant(s), learned A.G.A. and perused the record.
This bail application has been preferred by the accusedapplicant(s), Sujeet Kumar Singh, who is involved in Case Crime No. 210 of 2020, under Sections 323, 326, 504, 506 I.P.C. P.S.- Gadwar, District- Ballia.
The FIR case is that the informant Sudhir Singh being the representative of his wife Rekha Devi, who was present pradhan of the village on 25.09.2020 went to the Panchayat Office along with Srikant, Rajesh of the village at about 11.45 hours, Sujeet Kumar Singh (applicant) and Arun Kumar Singh, who were already present there began to hurl abuse to him, which was opposed by the informant, both the accused persons nabbed him and also gave a teeth bite on the ring finger of the left hand. On hearing the screaming of the informant, the persons of the locality attracted there and the accused persons fled away from the scene of occurrence extending life threats. Informant rushed to the Trauma Centre, Ballia, on this written information the aforesaid case was registered against both the accused persons.
Learned counsel for the applicant submitted that he has been falsely implicated in this case. There is no motive of the occurrence. The informant sustained injuries due to fall from the motorcycle. No case under Section 326 IPC is made out. The applicant has no criminal history except the present one. Learned counsel also submitted that he has filed supplementary affidavit today in which one more NCR case has been registered against him. It is further submitted that the applicant is languishing in jail since 27.09.2020.
Learned A.G.A. vehemently opposed the prayer for bail. The medico legal report of injured Sudhir Kumar Singh is
Annexure-2 to the affidavit, in which two injuries have been shown (1) stitched wound three stitch on the left ring finger, 13.5 cm below from left wrist joint. Advised x-ray; injury no. (2) contused swelling 5 cm x 1.5 cm on the left side of back 7 cm above inferior angle of left scapula. Supplementary medical report is annexure-3. As per supplementary report nature of injury no.1 is grievous. The statement of injured Sudhir Kumar Singh is Annexure-4 also supports the FIR version.
As per FIR version and medical report, the injury of ring finger of the informant is teeth bite. The applicant had no criminal antecedents and has been languishing in jail since 27.09.2020.
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.
Let applicant(s), Sujeet Kumar Singh , 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:
(i) The applicant(s) shall not indulge in any criminal activity.
(ii) The applicant(s) shall not tamper with the prosecution evidence.
(iii) The applicant(s) shall not pressurize the prosecution witnesses.
(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.
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.
Order Date :- 7.12.2020 Prajapati
1 issue framed by the court
Whether the applicant is fit to be released on bail in a case u/s 326 IPC involving grievous hurt.
1 provisions across 1 enactments
Sujeet Kumar Singh
State of U.P.
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
