Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35744 of 2021 Applicant :- Deepu Kumar @ Devesh Opposite Party :- State of U.P.
Counsel for Applicant :- Aishwarya Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the record.
The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 173 of 2021, under Sections 326, 323, 504 IPC, P.S. Akrabad, District Aligarh.
Learned counsel for the applicant submits that on 03.05.2021 at 10.30 a.m. on demand of money by Prahlad from the applicant a hot talk took place and applicant, Pappu and Dileep committed marpeet and damaged eye of the informant's brother. He further submits that as per statement of informant, Pappu @ Rajpal, father of applicant owed money to the informant and injured, when injured went at his house to demand his owed money, he refused and committed marpeet with him along with applicant and co-accused Dileep and applicant pelted a stone, which hit on the left eye of the injured. Incident occurred at 10.30 a.m. in the morning and medical examination was conducted at 1.15 p.m. from where he was referred to eye surgeon. On the same day medical of applicant's father was also conducted. He received 01 incised and 03 contusion injuries. He also submits FIR of the applicant's side was not registered and FIR on behest of informant was registered on 04.05.2021 at 10.42 P.M. When his FIR was not registered, father of the applicant moved an application under Section 156 (3) Cr.P.C. in which injured is also accused. On 16.08.2021 court concerned has treated the application as a complaint case. Father and brother of the applicant have been enlarged on bail by the court below vide order dated 19.08.2021 and bail application of the applicant was rejected on 27.07.2021 on the ground that role of pelting of the stone was assigned to the applicant due to which grievous injury was caused. He next 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 and the applicant is languishing in jail since 04.05.2021 Per contra learned A.G.A as well as learned counsel for the informant have opposed the bail prayer of the applicant by submitting that as per statement of the injured and eye witness, eye injury was caused by the applicant and as per statement of the Doctor there is bleak chance of regaining vision in the eye of the injured, therefore, he is not entitled for bail.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties,allegation in the FIR as well role of the applicant and injury caused, as per statement of the Doctor loss of vision of eye of the injured 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- Deepu Kumar @ Devesh is hereby refused and the bail application is rejected.
However, the trial court is directed to expedite the aforesaid case in accordance with law without granting unnecessary adjournments to either of the parties as expeditiously as possible.
Order Date :- 30.9.2021 MAA/-
Digitally signed by Justice Ali Zamin Date: 2021.10.04 18:27:49 IST Reason: Document Owner Location: High Court of Judicature at Allahabad