Bail application allowed. The applicant was granted bail after determining that the cross-versions of parties and facts made out a case for release despite a skull injury.
Released on bail on furnishing a personal bond and two sureties each.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13413 of 2022
Applicant :- Shannu @ Nanhe Opposite Party :- State of U.P. Counsel for Applicant :- Zafeer Ahmad Counsel for Opposite Party :- G.A.,Jaideep Pandey
Hon'ble Chandra Kumar Rai,J.
Heard Sri Zafeer Ahmad, learned counsel for the applicant, Sri Mohd. Afghan, Advocate, holding brief of Sri Jaideep Pandey, learned counsel for the informant, learned A.G.A. and perused the record.
The instant bail application has been filed on behalf of the applicant- Shannu @ Nanhe, with a prayer to release him on bail in Case Crime No. 14 of 2022, under Sections- 308, 323, 325 I.P.C., Police Station- Kotwali, District- Rampur, during pendency of trial.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submitted that there is cross version of the incident. He next submitted that in the first information report, general role has been assigned to all the four accused persons for causing injury to the injured. No specific role has been assigned to anybody. The injury report reveals that some of the injuries are simple in nature and some are caused in the skull region. The applicant's side have also received injuries in the incident alleged to have taken place on 25.10.2021. Applicant is of no criminal antecedent. He further submitted that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 23.02.2022.
Lastly it is submitted by the learned counsel for applicant that the applicant shall not abscond, and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Learned A.G.A. as well as learned counsel for the informant has vehemently opposed the prayer for bail and submitted that one injury caused to the injured is in the skull region and very serious in nature and, as such, the applicant should not be released on bail.
In view of the facts and circumstances specially that there is a cross version of the incident and both sides have sustained injuries as well as submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant- Shannu @ Nanhe, involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 19.5.2022 Kamarjahan
Digitally signed by KAMARJAHAN ANSARI Date: 2022.05.20 17:55:04 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant should be granted bail in the pending trial for causing grievous hurt.
Whether the serious nature of the injury in the skull region precludes bail.
Shannu @ Nanhe
Chandra Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
