In a bail application under Sections 147, 148, 149, 307, 504, 506 IPC, the Court rejected the application citing grievous injuries, role in firing, and the applicant's criminal history as grounds denying good and sufficient cause for bail.
Bail application rejected. Applicant not entitled to bail during pendency of trial.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7963 of 2022
Applicant :- Nawab Ali Opposite Party :- State of U.P. Counsel for Applicant :- Dileep Kumar Yadava,Aftab Khan,Aushim Luthra,Harishchandra Yadav,Mohd. Afzal Ansari Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant and learned A.G.A on behalf of the State and perused the record.
The instant bail application has been filed on behalf of the applicant Nawab Ali with a prayer to release him on bail in Case Crime No.444 of 2020, u/s 147, 148, 149, 307, 504, 506 I.P.C., P.S. Mauaima, District Allahabad, during pendency of the trial.
It is alleged in the F.I.R. that on 3.7.2020, when the informant went to ease himself out near the village of Sarda Nahar under the Dubahi bridge, the accused-applicant, named in the F.I.R., who were present there with their common intention, started abusing as well beating him. Mohd. Irfan exhorted the accused persons by saying that ' maar do saale ko goli ' whereupon the applicant started firing upon the informant due to which he fell down and upon hearing the firing villagers came there whereupon accused persons fled away giving threat of life.
Learned counsel for the applicant states that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that injuries are not caused by fire arm and injuries are not serious in nature or fatal to life. Applicant is languishing in jail since 22.12.2021.
Per contra, learned A.G.A opposed the bail application of the applicant and argued that the injured has received five injuries on his body i.e. (i) L/w of size approximate 2cm. x 1cm. depth under KUO situated on Rt. forearm ventiral(sic) aspect 6cm. above wrist margin inverted active bleeding present No bis mark present; (ii) L/w of size approximate 1cm. x 1cm. depth KUO situated on 3cm. above Rt. region margin inverted active bleeding present no BTS seen; (iii) C/o of size approximate 2cm. x 1cm. depth; (iv) L/w of size 2cm. x 1cm. situated on Rt. side lateral back just above 8cm. from Rt side lip margin inverted scan; (v) C/o size rund(sic) mate 2cm. x 1cm. depth KUO situated on Rt. side lateral back just above 6cm. from lt. side lip margin inverted. The injuries are grievous in nature and
role of firing has been assigned to the applicant. Moreover, applicant has criminal history of five cases, hence the applicant is not entitled for bail.
Without expressing any opinion on the merits of the case and considering the submissions advanced by learned counsel for the parties and seriousness of the offence, I find no good ground for grant of bail to the applicant in the aforesaid case.
At this stage, the bail application is rejected .
Order Date :- 17.1.2023 Vandana
Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving grievous injuries and armed firing.
Whether serious criminal history and the nature of the offence are sufficient to deny bail.
1 provisions across 1 enactments
Nawab Ali
State of U.P.
Deepak Verma
Vandana Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
