Court rejected bail application in cases involving IPC offences. Bench noted severity of injuries to informant, consistency with FIR, and possibility of flight. Bail denied without commenting on merits.
Bail application rejected; applicant not released on bail.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57943 of 2022
Applicant :- Surendra Opposite Party :- State of U.P. Counsel for Applicant :- Hitesh Pachori Counsel for Opposite Party :- G.A.,Sushil Kumar Chaturvedi
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant; learned counsel for the informant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.0432 of 2022, under Sections 323, 307, 504, 506 I.P.C. and P.S. Malpura, District Agra, during pendency of the trial.
It is argued by counsel for the applicant that applicant has been falsely implicated in the present case due to ulterior motive. As per F.I.R. version, informant and his brother were assaulted by co-accused persons but informant has not received any injury whereas in the F.I.R., it is alleged that informant and his brother were assaulted and knocked down by the accused persons; general role has been assigned to the applicant and injuries are not corroborating with the facts of the F.I.R. version. It has been further submitted that the applicant is not a previous convict and is languishing in jail since 22.09.2022.
Per contra, learned A.G.A. and counsel for the informant vehemently opposed the bail prayer contending that four persons have brutally beaten the injured and injured hass received following injuries:
Supplementary report dated 21.09.2022 states following fracture:
Fracture of lateral partial bone are not comminuted fracture of frontal bone on right side
noted. Fracture of squamosal part of left temporal bone is noted. Comminuted fracture of left greeter wing of spheroid is noted. Comminuted fracture of lateral wall on left part of left orbit is noted.
As per Case Diary-6, it is apparent that injured has received grievous injury and he is not in a position to give statement to investigating officer.
Taking into consideration the gravity of accusation, looking to the fact that injury report finds support from the version given in F.I.R., there does not appear to be any false implication and there being possibility of his fleeing from justice, without expressing any opinion on the merits of the case, this Court does not find good ground for enlarging the applicant, on Bail.
The bail application is, accordingly, rejected .
Order Date :- 2.2.2023 Meenu Singh
Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether good ground exists to enlarge the applicant on bail given the gravity of accusations and corroboration of injuries.
1 provisions across 1 enactments
Surendra
State of U.P.
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
