Dismissed

Rahees v. State of U.P.

Allahabad HC28 Mar 2023BAIL/12368/2023

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application filed by Rahees challenging criminal charges of attempt to murder and grievous hurt. The applicant argued false allegations and lack of prior record. The Court, noting the victim sustained life-threatening head injuries from an iron pipe causing a fractured frontal bone, rejected the bail plea.

What did the court decide?

bail application rejected; applicant not entitled to be released on bail.

Rahees Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2023)

¶1

Court No. - 88

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12368 of 2023

¶3

Applicant :- Rahees Opposite Party :- State of U.P. Counsel for Applicant :- Yogendra Pal Singh Counsel for Opposite Party :- G.A.

¶4

Hon'ble Sameer Jain,J.

¶5

Sri Sharukh filed today his power on behalf of the informant, which is taken on record.

¶6

Heard Sri Yogendra Pal Singh, learned counsel for the applicant; Sri Sharukh, learned counsel for the informant and Dr. S.B. Maurya, learned AGA-I for the State-respondent.

¶7

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 484 of 2022, under Sections 307, 325, 504, 506 IPC, Police Station Sardhana, District Meerut, during pendency of the trial in the court below.

¶8

FIR of the present case was lodged against the applicant and two others and according to the FIR, applicant and two co-accused persons made assault upon the son of the informant through iron rod and axe and due to assault made by them, son of informant sustained serious head injury.

¶9

Learned counsel for the applicant submitted that the entire allegations made against the applicant are totally false and baseless and applicant neither participated in the incident nor he ever caused any injury to anyone. He further submitted that although in the statement, victim stated that applicant caused head injury to him through iron pipe but, admittedly, there is no repetition of blow and therefore, it cannot be said that applicant was having any intention to commit murder of the injured. He further submitted that applicant is having no previous criminal history and he is in jail in the present matter since 28.10.2022, therefore, he may be released on bail.

¶10

Per contra, learned AGA as well as learned counsel for the informant vehemently opposed the prayer for bail and submitted that applicant is the person who caused serious injury on the head of the injured through iron pipe and this fact is evident from the

¶11

statement of the injured. Learned counsel for the informant further submits that from the statement of Dr. Sanjay Sharma it appears that injures sustained to informant were dangerous to life and his frontal bone was found fractured and injured had to remain in hospital for 20 days, therefore, considering the nature of allegation and injury, applicant should not be released on bail.

¶12

I have heard learned counsel for the parties and perused the record of the case.

¶13

From the perusal of the record, it appears that applicant is the person who caused head injury to the injured through iron pipe and his injury report shows that he sustained injury on his head and doctor also stated that injury sustained to the injured was dangerous to life and his frontal bone was also found fractured and injured had to remain in the hospital for 20 days.

¶14

Therefore, considering the aforesaid facts and circumstances of the case, in view of this Court, applicant is not entitled to be releases on bail.

¶15

Accordingly, the instant bail application stands rejected .

¶16

Order Date :- 28.3.2023 Ankita

¶17

Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad

Rahees v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rahees v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Fajalu Rahman Vs State of U.P.

Ajay Kumar Sharma Vs State of U.P.

Ravi @ Ravindra Maurya Vs State of U.P.

Sanjay Kumar Vs State of U.P.

Mukesh Saini Alias Banta Vs State of U.P.

Lotan @ Lohatan Vs State of U.P.