Heard learned counsel for the applicant, learned A.G.A. and perused the F.I.R., injury report and other relevant papers filed in support of the bail application.
Counter affidavit filed by the State, is taken on record.
The submission of learned counsel for the applicant is that he fired causing injury to Ram Kishun Maurya. The injured Ram Kishun Maurya received as many as four injuries, out of which injury no.2 which was lacerated wound 1 cm x 0.75 cm on the left upper jaw, fourth tooth absent, was kept under observation and was opined by the doctor as grievous injury. The injured was operated and the supplementary injury report indicates that the injury no.2 is a stitched wound.
It is contended by learned counsel for the applicant that no case under Section 307 I.P.C. is made out and since the injury no.2 was grievous and the tooth was dislocated as such, it would be covered by Section 322 I.P.C. None other injuries were found to be grievous or dangerous to life and at most the case would fall under Section 324 I.P.C. The applicant is in jail since 30.8.2009, as averred in para 9 of the bail application.
Considering the overall aspects of the matter and without entering into the merit of the case, I hereby provide that the applicant, Israr Gazi alias Israq be released on bail in Case Crime No.848/2009, under Sections 307, 323, 504, 506 I.P.C., P.S. Pisawan, District Sitapur, on his filing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned/remand magistrate.
Order Date :- 12.1.2010 Kpy