Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.276 of 2020, under Sections 323, 324, 325, 326, 504, 506 I.P.C., Police Station Pali, District Hardoi, with the prayer to enlarge him on bail.
The submissions of learned counsel for the applicant is that the applicant is an innocent person and has been falsely implicated in the case, he is having no criminal history and in jail since 16.08.2020.
It is further submitted on behalf of the applicant that due to enmity, the F.I.R. in question was lodged by the complainant on the basis of exaggerated facts. He further submitted that in the F.I.R., it is alleged that on the date of incident, informant was coming back to his house and in the way near Kilkili Hazipur Intersection, accused persons also came and started abusing him and when he requested them not to do so, then they started beating the injured with the Lathi & Danda and Kanta. On the alarm of informant, his brother and several persons reached on the spot. He further submitted that in the aforesaid incident, informant as well as his brother namely Ragunath received injuries and little finger from left arm of Ragunath was also cut off and later on, the accused persons went away by giving threat to the informant and his brother.
Learned counsel for the applicant has further submitted that in the F.I.R., weapon has not been assigned to the accused persons and further submitted that medical of the injured persons were conducted, wherein it is found that little finger from the left arm of Ragunath was cut off, but the Doctor has opined that the injury was caused by hard and blunt object and not with the Kanta, but in the statement of Ragunath, he stated that the applicant attacked on the his hand with Kanta, as a result, his little finger was cut off.
Learned counsel for the applicant has further submitted that the medico legal report of injured and his statement are not corroborating. He further submitted that the alleged weapon was not recovered by the Investigating Officer and the charge sheet has been filed. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer of bail of applicant and submitted that only in the statement of injured, he categorically stated that the applicant caused injury to Ragunath with Kanta, as a result, his little finger was cut off, but he conceded the fact that in the medico-legal report, the Doctor has opined that the injury was caused by hard and blunt object.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant - Bhoora @ Dev Dutt - be released on bail in the aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 13.1.2021 S. Shivhare