In a bail application under Sections 437 and 439 CrPC, the High Court allowed the release of the applicant on personal bonds and two sureties, noting no specific injury allegations against him and no criminal history.
Applicant released on bail with personal bond and two sureties of Rs. 25,000 each.
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:161002
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4916 of 2023
Applicant :- Jai Singh Alias Gumma Opposite Party :- State of U.P. Counsel for Applicant :- Harish Chandra Mishra Counsel for Opposite Party :- G.A.,Manoj Kumar Mishra,Pawan Prakash Shukla
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.
2 . The FIR in question was lodged alleging that the accused along with 3-4 unknown persons started hitting the son of the informant in which he sustained substantial injuries.
3 . Counsel for the applicant draws my attention to the injury report which indicates a deep end injury on abdomen and back of chest area and one lacerated injury and the head which was allegedly caused by a sharp object. It is argued that in the FIR, the allegation was levelled that the injuries were caused by the knife and danda and no specific person was named in the offence in question. It is argued that as no specific allegation was levelled against the applicant of causing the injuries coupled with the fact that injuries are not fatal as per the medical view and the applicant has no criminal history, as such, he should be enlarged on bail.
4. Sri Laxman Prasad Ojha, learned counsel for the informant strongly opposes the bail application by arguing that the offence was serious in nature and the bail application should be rejected.
5. Learned A.G.A. vehemently opposed the bail prayer.
6. Considering the fact that no specific allegation of causing injury was alleged against the applicant and he is in custody since 03.08.2022 and has no criminal history, there being nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any
opinion on merit, I am of the view that the applicant is entitled to be released on bail.
7. Accordingly, the bail application is allowed .
8. Let the applicant Jai Singh Alias Gumma be released on bail in FIR/ Case Crime No. 350 of 2022, under Sections 147, 148, 149, 452, 307, 342, 323, 324, 504 and 506 IPC, P.S. Kotwali, District Chitrakoot, on his furnishing personal bonds and two reliable sureties of Rs. 25,000/- each to the satisfaction of the court concerned with the following conditions:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 9.8.2023 S.A.
Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail given the nature of the injuries and lack of specific allegation against him.
Jai Singh Alias Gumma
State of U.P.
Pankaj Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
