The High Court rejected a bail application for a petitioner accused of assault and causing grievous hurt. The Court observed that the victim had specifically implicated the applicant in causing injuries and thus denied bail, directing the trial court to expedite proceedings.
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.
Neutral Citation No. - 2023:AHC-LKO:75317
Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 205 of 2023
Applicant :- Om Prakash Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Shailesh Kumar Singh,Shobh Nath Yadav Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Shailesh Kumar Singh, learned counsel for the applicant, Sri Amitabh Chaturvedi, learned A.G.A. for the State and perused the records.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.504 of 2022, under Sections 323, 504, 506, 308, 325 I.P.C., registered at Police Station Hargaon, District Sitapur.
3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 08:05 Hours on 30.08.2022 against three persons, including the applicant, alleging that the informant's son was doing some notorious activities in front of the informant's house at about 7 PM on 29.08.2022 and when the informant forbade him, the accused persons abused and assaulted the informant with kicks, fists and sticks.
4. Medico legal examination report of the informant mentions three injuries and as per supplementary report, two of them are fractures on his head and shoulder.
5. In the statement of the victim recorded under Section 164 Cr.P.C., he stated that the injuries were caused by the applicant.
6. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.
7. Having considered the aforesaid facts and circumstances of the
case and keeping in view the fact that the victim has categorically assigned the role of causing injuries to the applicant, I am of the view that the aforesaid facts do not warrant exercise of discretion of this Court by enlarging the applicant on bail.
8. Accordingly, this bail application stands rejected . Trial Court is directed to expedite the trial and conclude the same without granting any unnecessary adjournments to any of the parties.
(Subhash Vidyarthi, J.)
Order Date :- 16.11.2023 prateek
Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant qualifies for release on bail given the victim's specific attribution of injuries to him.
Om Prakash
State Of U.P.
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
