Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4762 of 2019 Applicant :- Firoz @ Fauji Opposite Party :- State Of U.P.
Counsel for Applicant :- Virendra Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Firoz @ Fauji seeking bail in Case Crime No. 2408 of 2018, under Sections 307 IPC, P.S.Kavi Nagar, District Ghaziabad.
Learned counsel for the applicant has submitted that as per the prosecution own case, the applicant is said to have caused injury to the victim Sumit alias Situ by a knife and the victim has been examined in a private hospital. Learned counsel for the applicant has next submitted that the applicant is in jail since 27.10.2018 and he may be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for bail and has drawn the attention of the Court towards the statement of the victim in which it has been specifically stated that the applicant has assaulted him by a knife which caused deep injury on his abdomen and when he tried to make second assault then he was apprehended by his father alongwith knife. The applicant is said to have been taken to MAX hospital where he was operated upon and 25-30 stitches were made by the Doctor. Learned A.G.A. has next submitted that the injury caused to the victim is on vital part and has been found peritoneal cavity deep and is grievous in nature.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties, I do not find it a fit case for bail.
The Bail Application of the applicant is accordingly rejected.
Order Date :- 28.2.2019 R