Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14071 of 2021 Applicant :- Baburam Opposite Party :- State of U.P.
Counsel for Applicant :- Vijay Prakash Chaturvedi Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
The present bail application has been filed by the applicant with a prayer to enlarged him on bail in Case Crime No. 133 of 2020, under Sections 307, 504, 506, 201 I.P.C., Police Station Kapilvastu, District Siddharth Nagar.
Learned counsel for the applicant submits that it is a case of cross F.I.R. He further submits that according to the F.I.R. version, on 25.11.2020 applicant fired at Krishna Chaudhary from country-made pistol on which fire arm injury was caused on chest. He further submits that the victim was medically examined at District Hospital, Siddharth Nagar. As per injury report, lacerated wounds on Rt. side chest 10cm. below from Rt. nipple about 2.00x1.5cmxdepth cannot be determined. Edges inverted and margin lacerated fresh bleeding present. No blackening, no tattooing present. A metallic density cylindrical shape seen in 4/5th inter costal space, C bone fracture of 3rd ribs and according to the doctor, he was admitted on 26.11.2020 and discharged on 02.12.2020. Doctor also stated that bullet has not been taken out from his body and he is well. He further submits that the injured and his family members beat to the brothers of applicant very badly in which they have also received injuries and in this regard he has filed application under Section 156(3) Cr.P.C. on 04.12.2020, which was allowed on 04.02.2021. He further submits that Investigating Officer without doing fair investigation submitted the final report and on protest it has been treated as complaint. He further submits that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that the applicant is languishing in jail since 26.11.2021.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant and submits that on chest a vital part fire injury has been caused by the applicant. Doctor has stated that if bullet is taken out then it would be fatal to his life. Therefore, applicant is not entitled for bail.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, fire arm injury caused on chest, statement of doctor and also perusing the material on record, without expressing any opinion on merit of the case, I do not find a fit case for bail.
Consequently, the prayer for bail of the applicant -Baburam is hereby refused and the bail application is rejected.
Order Date :- 12.8.2021 Zafar