Ranvir v. State of U.P.

Court No. - 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11937 of 2022

Applicant :- Ranvir Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.

This is the second bail application. The First bail application was dismissed vide order dated 03.12.2019 passed by this Court for absence of learned counsel for the applicant.

The present bail application has been filed by the applicant seeking bail in Case Crime No. 65 of 2018, under Sections 307, 323, 504 IPC, Police Station- Nida, District Gautam Budh Nagar,.

Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. It is further submitted that the applicant is in jail since 14.02.2018 and the charges have already been framed in the trial court and no witness till date has been examined. In this regard reliance has been placed on para-11 of the affidavit filed in support of the bail application. It is further stated that the bare perusal of the FIR, which shows that on account of some hot talk between the parties on the date of incident, some altercation took place and the injured sustained injury. The injury which is on head, is not fatal in nature. The injury was not caused with intention to cause bodily injury, which can cause death. In these circumstances, Section 307 IPC is not attracted. It is submitted that the co-accused Mohsin has already been released on bail by this Court vide order dated 26.07.2018 passed in Criminal Misc. Bail Application No.27899 of 2018. Accordingly, the applicant is also entitled for bail on the ground of parity. It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may otherwise misuse the liberty of bail.