Dinesh @ Keka Vs State of U.P.

Court No. - 77

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22786 of 2022

Applicant :- Dinesh @ Keka Opposite Party :- State of U.P. Counsel for Applicant :- Narendra Singh Chahar Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The present bail application has been filed by the applicant in Case Crime No. 81 of 2022, under Sections 308, 323, 324, 325, 504 I.P.C., Police Station - Achhnera, District Agra with the prayer to enlarge the applicant on bail.

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F.I.R. of the present incident was lodged by the complainant, Vinesh Sharma against the present applicant, Mahesh and two sons of Chob Singh. It is stated in the F.I.R. that two months ago the complainant had lend Rs.50000/- to the applicant. On 16.02.2022 at about 8.45 P.M. when he went to ask for his money, applicant started abusing him and suddenly started beating him. Then Mahesh and two sons of Chob Singh came there and everyone together beat him, due to which he received injuries on his head and face.

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The learned counsel for applicant submits that the applicant is quite innocent and has not committed any offence as claimed by the complainant. He has further submitted that the incident took place on 16.02.2022 while the first information report was lodged on 11.03.2022 and there is delay of about 25 days in lodging the FIR. He has further submitted that in the medical examination report complainant has received four injuries. Medical report of the injured is annexed as annexure No. 2 to the affidavit, in which first injury is shown to be T.S. 5x2 cm right side temporal region injury and one injury is incised wound on left side of left eye and two other injuries were shown as complain of pain. He has further submitted that on the basis of C.T. Scan of the injured Doctor has found hematoma in the right side of the head. He has further submitted that the C.T. Scan was conducted after ten days of the incident and it cannot be said that the alleged injury was caused on the date of the incident. He has further submitted that both the parties have entered into compromise and application before the court below for settlement of the dispute is being annexed as annexure No. 5

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to the affidavit filed in support of the bail application. The applicant is languishing in jail since 19.04.2022 and in case he is released on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for bail.

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Keeping in view the submission of learned counsel for the parties, period of detention of the applicant, all the attending facts and circumstances of the case without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.

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The prayer for bail is granted. The application is allowed .

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Let applicant Dinesh @ Keka involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-

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(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law;

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(2). The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;

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(3). In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(4). The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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Order Date :- 8.7.2022 Abhishek Singh

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Digitally signed by ABHISHEK SINGH Date: 2022.07.12 10:13:36 IST Reason: Location: High Court of Judicature at Allahabad

Dinesh @ Keka v. State of U.P.

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Dinesh @ Keka v. State of U.P.

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