Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32778 of 2021 Applicant :- Kuldeep Opposite Party :- State of U.P.
Counsel for Applicant :- Jitendra Singh,Gaurav Kakkar,Niraj Kumar Shukla Counsel for Opposite Party :- G.A.,Jitendra Singh
Hon'ble Anil Kumar Ojha,J.
Supplementary affidavit has been filed by learned counsel for the applicant and the same is taken on record.
Heard learned counsel for the applicant, learned counsel for complainant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 21 of 2019, under Section 307, 323, 324 of I.P.C., registered at P.S.- Rehar, District- Bijnor.
Submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case. There is unexplained 18 hours delay in lodgment of the F.I.R. Medical report of the informant is totally fabricated and has been prepared in collusion with the medical officer. Injuries sustained to injured person are simple in nature hence offence under Section 307 I.P.C. is not made out. Further submitted that there is cross version of the present case and it cannot be determined at this stage as to which party was aggressor. The applicant is languishing in jail since 16.07.2021.
Per contra, learned A.G.A. and learned counsel for complainant opposed the prayer for bail. Learned counsel for the complainant contended that applicant is accused in some murder case and in order to pressurize for compromise, offence has been committed.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.
Perusal of record reveals that as per injury report annexed at page no. 37 of the paper book, four injuries were found at the time of examination on the person of injured and as per opinion of doctor, injuries are simple in nature.
Intention to commit murder is gathered from facts and circumstances of each case. Main determinants are nature and amount of injury, nature of weapon used, vital organ of the body where the injury has been caused and peculiar circumstance of that particular case. So far as the facts of the present case are concerned, there is simple injury on the person of injured.
In view of the above, without expressing any opinion on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Kuldeep involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 17.12.2021 VPS