In this bail application, the High Court examined submissions regarding the applicant's innocence versus the serious nature of the offenses and injuries sustained by victims. The court found the gravity of the charges and complicity indicative of a non-fit case for bail.
Bail application of the applicant Rishi Mohan is rejected at this stage.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28012 of 2022
Applicant :- Rishi Mohan Opposite Party :- State of U.P. Counsel for Applicant :- Ram Sajiwan Mishra Counsel for Opposite Party :- G.A.,Vikram Singh
Hon'ble Deepak Verma,J.
Heard Sri Ram Sajiwan Mishra, learned counsel for the applicant, Sri Sudhanshu Kumar Singh, holding brief of Sri Vikram Singh, learned counsel for the informant, learned AGA for the State and perused the material placed on record.
This first bail application has been filed with a prayer to release the applicant on bail in Case Crime No.434 of 2022, registered under Sections 147, 148, 452, 323, 324, 427, 354-Kha, 308, 341, 506 I.P.C., Police Station Baraut, District Baghpat during pendency of the trial.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. As per prosecution story the applicant has been assigned the role of assaulting injured-Kapil Tyagi by alleged weapon (Tabal) . As per medical report, victim has received 13 injuries, most are simple in nature and no fracture has been found over the body. He next argued that due to village party bandi, the applicant has been implicated in the present case. The applicant is languishing in jail since 04.05.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.
Per contra, learned A.G.A. as well as learned counsel for the informant vehemently opposed the bail prayer of the applicant and submit that the injured-Kapil Tyagi has received 13 injuries and from the statement recorded under Section 161 Cr.P.C. offence under Sections 308 and 354-Kha is made out and specific role has been assigned in FIR as well as statement made under Section 161 Cr.P.C. It is next submitted that chargesheet has been filed. Apart from injured-Kapil Tyagi, three other persons have also sustained grievous injuries, hence, the applicant is not entitled for bail.
Considering the facts and circumstances of the case and submissions advanced by learned counsel for the parties and looking to seriousness and gravity of offence, evidence,
complicity of the accused, I do not find it is a fit case for bail to the applicant.
Accordingly, the bail application of the applicant- Rishi Mohan, involved in the aforesaid case crime, is hereby rejected at this stage.
Order Date :- 22.8.2022 Nitin Verma
Digitally signed by NITIN KUMAR VERMA Date: 2022.08.23 10:09:59 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to be released on bail in a case involving serious offenses under the IPC involving assault and grievous injuries.
Whether the assignment of a specific role and the nature of injuries make it a fit case for granting bail.
3 provisions across 2 enactments
Rishi Mohan
State of U.P.
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
