The High Court rejected a bail application filed by an accused in a case involving attempt to murder and other offences under the IPC, finding the offence heinous and the applicant's complicity evident based on medical evidence and injured statements.
Bail application rejected.
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:62918
Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5380 of 2024
Applicant :- Rajeev Singh @ Pintu Singh Opposite Party :- State Of U.P Thru. Prin. Secy. Home Civil Secrt. Lko.
Counsel for Applicant :- Vijay Bahadur Singh,Ramendra Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.
The present bail application has been filed by accused-applicant seeking bail in Case Crime No.49 of 2024, under Sections 307, 323, 324, 504 I.P.C., P.S. Jaysinghpur, District Sultanpur.
In the prosecution case it is alleged on 15.03.2024 in the evening at about 08:30 pm while the brother of the informant namely, Indramani Yadav and Shubham Yadav taking the food of his mother who was operated in Kamla Nursing Home on the way in front of tea stall of Anil Patel, Rajeev Singh the present applicant had a fight with them who was hurling filthy abuses. When Shubham Yadav asked the applicant not to abuse, he attacked on him with intent to kill him with knife which he kept in his pocket. Upon resistance being made by Indramani Yadav, the applicant has also attacked on him thereafter, surrounding people gathered and saved them. The knife went through the jaw of Indramani. Shubham Yadav has also sustained 7-8 injuries of knife.
Learned counsel for applicant submits that applicant has been falsely implicated in this case. Applicant is innocent and has no criminal history.
Learned A.G.A. has opposed the bail prayer and submits that
statement of the injured supports the injury report, offences are heinous, two persons are injured.
On due consideration to the submissions advanced, perusal of the record as also the statement of injured Shubham Yadav as well as Indramani, the medical report and discharge summary of K.G.M.U. which shows penetrating injury on the chest and back of the soldier of the injured Shubham Yadav as well as Indramani so also the statement of doctor Narendra Kumar who has stated that due to the injuries, Shubham could have died therefore, I am of the opinion that offence is heinous, complicity of the applicant is evident, no case for bail is made out. The bail application is rejected .
The trial court is directed to expedite the trial and conclude the same within a period of one year year from the date of receipt of copy of this order.
Office is directed to send a copy of this order to the trial court forthwith.
Order Date :- 11.9.2024 Saurabh Yadav/-
Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant is entitled to bail in view of the heinous nature of the offence and evident complicity.
1 provisions across 1 enactments
Rajeev Singh @ Pintu Singh
State Of U.P
Karunesh Singh Pawar
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
