The Allahabad High Court allowed bail to the applicant in a case under sections 307, 323, and 324 IPC. The court considered the nature of injuries and the duration of detention as grounds for granting bail subject to conditions.
Applicant to be released on bail by furnishing a personal bond and two sureties.
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. - 2024:AHC-LKO:65107
Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8931 of 2024
Applicant :- Ranjeet Singh Alias Ranjeet Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Arun Kumar Singh,Vinita Singh Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
1. Heard learned counsel for the applicant who has filed rejoinder affidavit which is taken on record, learned Additional Government Advocate for the State and perused the record.
2. It is alleged in the prosecution case that on 5.6.2023 at 12.00 noon, grand son of the complainant has been brutally attached by the applicant, in which he has suffered many injuries.
3. Learned counsel for the applicant submits that as per injury report as well as X-ray report, all the injuries are simple in nature. A perusal of the injury report shows that the injured has suffered five injuries, out of which four injuries are incised wounds and injury No.4 is on the forehead 1 cm x 0.2cm.The injured P.W.2 has been examined before the trial court. He has denied the prosecution case. The applicant is in jail since 6.6.2023.
It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
4. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
5. Considering the facts and circumstances of the case, the statement given by P.W. 2 in the Court, nature of injuries
sustained, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail.
6. Let the applicant Ranjeet Singh alias Ranjeet Singh, involved in Case Crime No.318 of 2023 under sections 323, 324, 307 I.P.C., P.S. Hargaon, district Sitapur be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) 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.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
7. The application is allowed accordingly.
Order Date :- 20.9.2024 kkb/
Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant is a fit case for bail in case of alleged assault and attempted murder.
Ranjeet Singh Alias Ranjeet Singh
Karunesh Singh Pawar
As recorded by the court registry
3 orders share this CNR
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