Hon'ble Saurabh Lavania, J. granted bail to the applicant in a case involving injuries under IPC Sections 308, 323, 504, 506, and 352. The court found the prosecution story doubtful due to delayed FIR and medical report, allowing bail with conditions.
Applicant released on bail furnishing personal bond and two reliable sureties each of the like amount.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36700 of 2021
Applicant :- Banti @ Brajesh Opposite Party :- State of U.P. Counsel for Applicant :- Diwakar Tiwari,Ashutosh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
On a query being put, learned AGA submitted that he has complete instructions in the matter, as such, this Court proceeded to hear the application for grant of bail on merits.
The present bail application has been filed by the applicant in F.I.R./ Case Crime No. 143 of 2021, under Sections- 323, 504, 352, 506, 308 IPC, Police Station Gonda, District Aligarh with the prayer to enlarge him on bail.
The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case, and is in jail since 10.07.2021.
Learned counsel for the applicant submitted that the informant, as per allegations made in the F.I.R., was present at the scene of crime. In the F.I.R., general allegations against both the accused have been levelled. It further transpires therefrom that both the accused named in the F.I.R. i.e. applicant and his wife assaulted the injured with steel rod. However, injured has not supported the version of F.I.R. as he has levelled allegation against the applicant No. 1. In this way, the story of prosecution is doubtful as the person who lodged the F.I.R. was present at the place of crime. Further stated that as per F.I.R., the incident occurred on 16.04.2021, however, the F.I.R. was lodged on 20.05.2021 with delay. This also creates doubt in the story of prosecution. It is submitted that as per the reference letter dated 17.04.2021, C.T. Scan of injured ought to have been carried out, if the injury was so serious, immediately after one or two days of the said letter, however, in this case, just to create an evidence in this regard, medical examination was carried out after long delay. In this regard, reliance has been placed on supplementary medical report dated 21.06.2021. He submitted that in this report, the injury No. 1 on scull is serious but not fatal and this injury can not be taken note as an outcome of the occurrence, which took
place on 16.04.2021. The injured might have sustained the said injury for any other reason meanwhile.
He further submitted that as per allegations made in the F.I.R. as also the statement of the injured, the offence, if any, would not be under Section 308 and in the present case, the applicant is in jail since 10.07.2021 i.e. more than six months.
He submitted that considering the delay in lodging of F.I.R., which has lodged on 20.05.2021 in regard to incident alleged to have occurred on 16.04.2021, the delay in getting supplementary medical report dated 21.06.2021 as also contents of F.I.R. and the statement of injured and the period of incarceration of the applicant, which is more than six months, the applicant is entitled to be enlarged on bail.
It is next submitted that there is no possibility of tampering of any evidence. In such circumstances, applicant is entitled for bail. It is also submitted that the applicant will never misuse the liberty of bail and shall fully cooperate in the investigation.
Learned A.G.A., on the basis of instructions received, opposed the prayer for grant of bail. He submitted that injured has specifically indicated the name of the applicant in his statement for causing injury. As such, the applicant is not entitled to be released on bail. He also stated that it appears that injury has been caused with intention in regard thereto.
Considering the delay of about more than one month in lodging of F.I.R. as also taking note of the F.I.R., a perusal thereof shows that the incident took place on the spur of moment, period of incarceration and the contents of F.I.R. and the statement of injured witness and without expressing any opinion on the merit of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Banti @ Brajesh be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(4) The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
(5) The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 5.1.2022 Vinay/-
3 issues framed by the court
Whether the applicant is entitled to be released on bail considering the delay in lodging the FIR, doubtful prosecution story, and length of incarceration.
Whether the understanding of the injuries and delay in medical examination creates reasonable doubt against the applicant.
Whether the applicant will misuse the liberty of bail or tamper with evidence.
6 provisions across 2 enactments
Banti @ Brajesh
Saurabh Lavania
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
