Heard learned counsel for the applicant, Sri Avadhesh Singh, Ramesh Chandra Gupta-2, counsel for the informant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 166 of 2020, under Sections 308, 452, 323, 325 of IPC, Police Station Tarwan, District Azamgarh.
Counsel for the applicant argues that no motive has been disclosed in First Information Report for the offence in question. He argues that from a perusal of the medical report, one injury i.e. Injury No. 4 is shown to have been referred for the X-ray report. As regards other four injuries namely Injuries No. 1, 2, 3 and 5, he states that even as per the medical report, it is simple in nature. He has drawn my attention to the further investigation, which is in the form of a report from the X-ray Department, District Hospital, Azamgarh. On the basis of the said injury report, he argues that in the worst case scenario, offence under Section 325 IPC is made out and not under Section 308 IPC in which the applicant has been implicated. As regards the criminal antecedents, he argues that the petitioner has no criminal antecedents.
Counsel for the informant, on the other hand, argues that ladies aged about 65 and 55 years have been beaten brutely and injuries have been sustained by them. From a perusal of the medical report, it cannot be said that the applicant has not committed the offence. The injury No. 5 is on head and therefore, case under Section 308 IPC is made out. As regards criminal history, he does not oppose that the applicant does not have any criminal history. This fact has not been disputed by the learned AGA. The applicant is in jail since 25.10.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant.
Considering the fact that the the statement has been recorded and there is nothing on record to demonstrate that if the applicant is enlarged on bail, it would adversely affect the trial of the case, the submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, I am of the view that the applicant is entitled for bail.
Let the applicant Mukesh @ Mintu Singh involved in aforesaid case crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
5. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 28.1.2021 vinay