Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26976 of 2018 Applicant :- Kanhaiya Lal Opposite Party :- State Of U.P.
Counsel for Applicant :- Achyuta Nand Pandey Counsel for Opposite Party :- G.A.,Devendra Dahma
Hon'ble Vivek Kumar Singh,J.
Supplementary counter affidavit filed on behalf of the complainant is taken on record.
Heard Sri A.N.Pandey, learned counsel for the applicant, Sri Devendra Dhama, learned counsel for the complainant and Sri S.S.Tiwari, learned A.G.A. appearing for the State.
According to the prosecution version the complainant lodged FIR against co-accused Anil Agrawal and 4-5 unknown persons alleging that on 28.12.2017 when she alongwith her brother and father were passing through M/S Ganpad Traders the accused persons molested her by snatching dupatta and assaulted her father and brother by their respective weapons of assault. On her shriek being made her husband and sister came out from the house and they were also beaten up by the accused persons. Thereafter some people of the locality were attracted to the scene of occurrence then they managed to flee away from the place occurrence.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive and he has committed no offence. It is next contended that the applicant is not named in the FIR. It is further contended that the name of the applicant was disclosed after two months of the alleged incident in the statement of independent witness Iabal Singh. It is further contended that the complainant and the injured did not name the applicant in their statements. It is next contended that there is undue delay of two days in lodging the report for which no plausible explanation has been given by the prosecution. Further, no specific role is attributed to the applicant and nothing has been recovered from the possession of the applicant. It is next conceded that there is material contradiction in the statement of injured Anuj Bansal recorded under section 161 Cr.P.C. It is again contended that from perusal of the injury report it appears that most of the injures sustained by the injured are simple in nature. It has also been submitted that the applicant is languishing in jail since 9.4.2018. The applicant has no other reported criminal antecedent.
Learned counsel for the complainant and learned A.G.A. have vehemently opposed the prayer.
On the other hand Sri Devendra Dhama,learned counsel for the complainant submitted that the applicant had actually participated in the commission of offence alongwith co-accused Anil Agrawal, who is still absconding and giving threat to the complainant and her entire family members. It is further submitted that the information with regard to the above incident has already been given at he concerned police station on the same day, but it was registered on 30.12.2017. It is also submitted that the accused-applicant had committed an indecent act and assaulted Dr.Deepa Bansal and Dr.Anuj Bansal who sustained fracture apart from other grievous injures and Rajiv Goyal also sustained injuries impairing his hearing and eye sight. The court has also perused the statement of the prsoecutrix recorded under section 164 Cr.P.C.annexed as annexure SCA-1 to the counter affidavit.
Considering the nature of offence and submissions advanced by the learned counsel for the parties and after perusing the averments made in the present bail application as well as rejection order passed by the court below, this Court is of the opinion that learned counsel for the applicant could not point out any good ground for grant of bail to the applicant.
Accordingly, the bail application filed on behalf of the applicant is hereby rejected.
However, the trial court is directed that the trail of the applicant Kanhaiya Lal involved in Case Crime No. 2047 of 2017, under Sections 323, 325, 326, 354, 506 I.P.C, P.S. Quarsi, District- Aligarh be expedited and concluded as early as possible, preferably within a period of six months from the date of production of certified copy before it, if there is no legal impediment.
Order Date :- 10.9.2018 IA