Court allowed bail to the applicant, who was falsely implicated in a drink-related assault case, noting the lack of criminal history and fatal delay in the medical report.
Released on bail on furnishing personal bond and two sureties in like amount.
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Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11238 of 2022
Applicant :- Ishu Deep Singh Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of this bail application, the applicant has prayed to be enlarged on bail in Case Crime No. 133 of 2021 at Police Station Fazalganj District Kanpur Nagar under Sections 307 I.P.C. The applicant is in jail since 24.12.2021.
The bail application of the applicant was rejected by learned Additional Sessions Judge, Kanpur Nagar on 21.02.2022.
Shri Sanjay Srivastava, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The incident arises out of a drunken brawl. The injured is a habitual drunkard who is known to getting into public spats after his drinking sessions. The alleged incident occurred on 30.09.2021. No medical report was drawn up on 30.09.2021 and has been produced by the prosecution. The medical report submitted by the police authorities in the counter affidavit is a supplementary medical report drawn up on 12.10.2021. Delay in drawing up the medical report in the facts of this case is fatal to the
prosecution case. The injuries recorded therein cannot be linked with the crime. The supplementary medical report does not disclose any life threatening injury. Prosecution evidence does not connect the applicant with the offence. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from this case.
Shri I. P. Srivastava, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not dispute the fact that the applicant does not have any criminal history apart from the instant case.
I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Ishu Deep Singh be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 7.6.2022 Dhananjai
Digitally signed by DHANANJAI Date: 2022.06.08 17:37:55 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is eligible to be released on bail.
Whether the delay and non-production of initial medical report weakens the prosecution case.
Ishu Deep Singh
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
