Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15537 of 2021 Applicant :- Ashutosh Opposite Party :- State of U.P.
Counsel for Applicant :- Ved Prakash Pandey Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Ashutosh in connection with Case Crime No. 419 of 2019, under Sections 323, 324, 504, 506, 308 I.P.C., Police Station Kalan, District Shahjahanpur.
It is made out on behalf of the applicant that the prosecution case in the FIR is that the applicant along with co-accused Ashwani Kumar, Ashutosh, Priyanshu and Sudhanshu ambushed the informant's elder brother Vishnu Dayal at 7.00 O'clock in the morning when he proceeded to the fields to answer the call of nature. He was assaulted by the four employing sticks (Lathi, Danda) and a Favda (a sharp edged weapon). The assault led the victim to sustain grievous injury to his head and the forehead. The statement of the victim has been placed before the Court by the learned A.G.A. produced as part of the case diary. It shows assault employing sticks (Lathi, Danda) alone with no mention there about assault by a Favda. The injury report shows three injuries, to wit: (1) incised wound 5 X 2 cm X bone deep over left side of head above left eyebrow, L shaped, margins clear cut regular; (2) lacerated wound 4 X 1 cm X bone deep over left side skull, 8 cm above ear pinna, I shaped with margins irregular; and (3) care of pain over left side of shoulder. All injuries have been advised to be examined by the x-ray. Amongst the aforesaid injuries, injury no. 1 has been opined to be caused by a sharp object. The supplementary report shows that there is a single crack fracture of the skull bone with an opinion that injury no. 2 is grievous in nature. It is made out that the victim has sustained injuries elsewhere under a different set of circumstances inasmuch as there is a material contradiction in the first information report and the statement of the deceased about employment or absence of a Favda in the assault. It is also made out that there is an assault attributed to four persons all wielding Lathies, according to the victim, and according to the informant, one wielding a Favda and the others Lathi but there is no indication that may suggest as to who caused the solitary grievous injury. A general role has been assigned to all the accused. It is made out that considering the aforesaid discrepancy between the FIR and the statement of the injured-victim there is material contradiction which renders the prosecution case doubtful. It is made out that there are no chances of an early conclusion of trial and the applicant is in jail since 06.01.2021.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that there is inconsistency between the informant's version about the weapons employed and that of the victim, the fact that the injuries are not compatible with the victim's version which does not make allowance prima facie for an incised wound and the fact that a general role has been assigned to all the accused where it cannot be said as to who is the author of the grievous injury, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Ashutosh involved in Case Crime No. 419 of 2019, under Sections 323, 324, 504, 506, 308 I.P.C., Police Station Kalan, District Shahjahanpur be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(viii) The Court/Authority/Official concerned shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 7.4.2021 Brijesh Maurya