Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34311 of 2021 Applicant :- Ankit Opposite Party :- State of U.P.
Counsel for Applicant :- Ravi Prakash Singh Counsel for Opposite Party :- G.A.,Anurag Vajpeyi,Praveen Kumar Singh
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Ankit, in Case Crime No. 621 of 2021, under Sections- 323, 307 I.P.C., P.S. Phase-3 Noida, District- Gautam Budh Nagar.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 29.6.2021; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; it was a false implication; there was CCTV footage and no such occurrence was taken place rather applicant was on duty at that time; applicant was accompanied injured for his treatment. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, with this contention that it was an occurrence in the night of 27/28.6.2021, wherein, Ankit, Gautam and one other did this act, with intention to kill, causing rupture of intestine of injured; he was instantly taken to hospital, from where referred to specialized treatment, where operation was got conducted and when, family members got information of this hospitalization, they rushed on spot and after the stabilization of the situation, this report was got lodged. Hence, this was an instant report. Injured in his statement recorded under Section 161 of Cr.P.C. has categorically narrated the sequence of the occurrence, wherein, applicant gave blow of air in the anus of injured and thereby his intestine was ruptured. The medical documents and the statement of Medical Officer recorded under Section 161 of Cr.P.C. is there, supporting the accusation and likelihood of death by this act. Operation was performed and the rupture of intestine was found.
Having heard learned counsels for both sides and gone through materials placed on record as well as considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is not made out.
Accordingly, the bail application is rejected. Order Date :- 28.10.2021 Kamarjahan