Rakesh v. State of U.P.
Case brief
What is this about?
This court rejected a bail application filed by Rakesh in a case involving grievous injury to the ear with a sharp weapon. The court noted the premeditated nature of the offence, the credible evidence of complicity, and the applicant's history of absconding and non-cooperation, declining to enlarge him on bail.
What did the court decide?
The prayer for grant of bail in Criminal Misc. Bail Application No. 34241 of 2022 was rejected.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34241 of 2022
Applicant :- Rakesh Opposite Party :- State of U.P. Counsel for Applicant :- Suresh Chandra Pandey Counsel for Opposite Party :- G.A.,Sanjay Singh
Hon'ble Subhash Vidyarthi,J.
1.Heard Sri Suresh Chandra Pandey, the learned counsel for the applicant, Sri D.K. Srivastava, the learned Additional Government Advocate and perused the record.
2.The instant application has been filed seeking release of the applicant on bail in Case Crime No. 516 of 2016, under Sections 452, 323, 504, 506, 324, 326 IPC, Police Station Kheragadh, District Agra.
3.The aforesaid case has been registered on the basis of an F.I.R. lodged on 28.12.2016 against 4 named accused persons, including the applicant, stating that the informant and one Pappu used to live together and do labour work in agricultural fields. On 28.12.2016 at about 11:00 AM, all the 4 named accused persons came to the informant's house and co-accused Mogli demanded refund of Rs.10,000/- from Pappu. Pappu sought time for returning of the amount whereupon the applicant and Mogli started abusing him, the other two accused persons started beating him with kicks and fists and Mogli assaulted Pappu with sticks and the applicant assaulted him with some sharp-edged weapon causing serious damage to his ear.
4.The medico-legal examination report of the injured Pappu mentions (i) an incised wound 1.5 CM X 2 CM, through and through, over right ear lobule lower part, (ii) an incised wound over right side back of ear, a traumatic swelling on left side of ear, (iii) a contusion over right eye, (iv) an abrasion over right knee and complaint of pain in lower abdomen and hip (v) a contusion on left side back of chest and (vi) a contusion on left side of chest.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail given the gravity of the injuries borne by the victim and allegations of premeditation.
Whether the facts and circumstances, including the applicant's history of non-cooperation, warrant the rejection of the bail prayer.
Parties & counsel
- applicant
Rakesh
- respondent
State of U.P.
Coram
Subhash Vidyarthi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/34241/2022
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