Kauthal v. State of U.P.

Court No. - 49

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30556 of 2022

Applicant :- Kauthal Opposite Party :- State of U.P. Counsel for Applicant :- Anuj Kumar Gupta Counsel for Opposite Party :- G.A.,Irshad Ahmad

Hon'ble Nalin Kumar Srivastava,J.

Present bail application has been filed by the applicant Kauthal with the prayer to enlarge him on bail in case crime no.179 of 2022, under Sections 323, 324, 504, 307 IPC, P.S. Nakhasa, District Sambhal.

Heard Shri Anuj Kumar Gupta, learned counsel for the applicant, Shri Irshad Ahmad, learned counsel for informant as well as the learned A.G.A for the State and perused the record.

It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Recovery is false, planted and is not supported with independent witness. He is languishing in jail since 17.4.2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

On the other hand, learned counsel for informant as well as the learned AGA opposed the prayer for bail and submitted that applicant has caused injury to the injured with knife which is on vital part of the body.

From a perusal of the record it reveals that injured was admitted in District Hospital and thereafter he was referred to Moradabad and subsequently looking to his serious condition he was referred to Meerut for treatment. In the F.I.R. specific role has been assigned to the applicant for causing injury to the injured. Injury report reveals that the injury was caused by sharp edged weapon upon the abdomen of the injured which is vital part of the body. Hence, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses / injured recorded under Section 161 CrPC and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has not made out a case for bail. The bail application is liable to be rejected and the same is accordingly rejected .