In this bail application, the court rejected the prayer for release of the applicant Chandra Sen @ Lalaram who was under trial for alleged assault causing grievous injury. The court found involvement proven by circumstantial evidence and rejected bail.
Bail application rejected; applicant remains in judicial custody.
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. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37790 of 2022
Applicant :- Chandra Sen @ Lalaram Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Johri Counsel for Opposite Party :- G.A.,Dhirendra Kumar Verma
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant and learned AGA on behalf of the State.
The instant bail application has been filed on behalf of the applicant Chandra Sen @ Lalaram with a prayer to release him in Case Crime No.216 of 2022, under section 308 I.P.C., Police Station Sungadhi, District Pilibhit, during pendency of the trial.
It is alleged in the FIR that on 12.04.2022, applicant and brother of the informant went to attend dinner party. Injured faced accident on that account he has received injuries. The body of the brother of the informant was found unconscious near railway over bridge. It is alleged that applicant and other co-accused brutally beaten the injured. There is no evidence against the applicant regarding assaulting the informant's brother. On suspicion applicant has been implicated in the present case. FIR is delayed by 16 days. Applicant has no criminal history. Applicant is languishing in jail since 2.5.2022.
Per contra, learned AGA has opposed the bail application of the applicant and argued that applicant's implication cannot be doubted as injured went with applicant to attend a dinner party. Injured has received one injury over head and injury is serious and grievous. As per C.D.No.16 investigating officer took statement of injured on 06.08.2022 and found that applicant was not in a position to make statement and he was in semi-unconscious stage and unable to speak about the incident. Supplementary medical report exhibit fracture of left leg and left scapula.
Considered the arguments raised by both the parties, it is clear from the statement of one Kali Charan, who went to his field in the morning of 12.04.2022, where he find there that one unconscious person and one motorcycle lying in ditch (Khanti) near railway over bridge and immediately informed to 108. Informant's brother went with the applicant and involvement of the applicant in causing injury to the injured, cannot be denied. Medical report and
other circumstantial report are supporting prosecution case and involvement of the applicant in the present case.
Without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the applicant in the aforesaid case.
The bail application is, accordingly, rejected.
Order Date :- 3.2.2023 SKD
Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad
1 issue framed by the court
Whether good ground for grant of bail exists for the applicant charged with offence under Section 308 I.P.C.
Chandra Sen @ Lalaram
Deepak Verma
Surjit Kumar Dey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
