Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50247 of 2021 Applicant :- Rajesh Alias Shankar Opposite Party :- State of U.P.
Counsel for Applicant :- Ashish Pandey Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, 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. 171 of 2021 under Sections 352, 324, 307, 504 I.P.C. registered at P.S.- Shyamdeurava, District- Maharajganj.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in this case. Applicant has not committed the alleged offence. Investigating Officer, after collection of evidence, has submitted charge-sheet in the matter. 11 days' delay in lodgement of F.I.R. has not been explained by the prosecution. Further submitted that injured, Golu in his statement has specifically stated that applicant stabbed him at the chest. In the injury report of the injured which is at page no. 25 of the paper book, doctor has opined that injury has been caused by hard and blunt object. Further submitted that the applicant is languishing in jail since 26.09.2021.
Per contra, learned A.G.A. opposed the prayer for bail.
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 the record reveals that injured, Golu Kumar in his statement recorded under Section 161 Cr.P.C. has stated that applicant stabbed him at the chest, in the medico-legal report, there are two lacerated wounds on the person of the injured, Golu, doctor has given opinion that injuries have been caused by hard and blunt object, thus there is contradiction between medical and ocular evidence.
In view of the above, without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Rajesh Alias Shankar 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 :- 23.12.2021 A. Mandhani