Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28361 of 2020 Applicant :- Rajkumar @ Rajbahadur Opposite Party :- State of U.P.
Counsel for Applicant :- Rahul Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 0844/2018, under Sections 363, 308, 326-A IPC, police station Atmaddaula, District Agra with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has not committed any offence. It was submitted that the allegations made against applicant are false and baseless. It was further submitted that as per version of first informant in the FIR, the informant has received information on 11.09.2018 that his brother (injured) is lying in injured condition in the lane and thereafter he was taken to hospital, whereas the record of hospital shows that applicant has been admitted in the hospital 15 days prior to the said date, which shows that prosecution version is false and baseless. It was also stated that in his statement recorded under Section 161 Cr.P.C., injured has stated that the date of offence is 28.05.2018, whereas the alleged incident has taken place on 28.08.2018, which further falsifies the prosecution version. It has also been pointed out that as per FIR, the alleged incident has been shown of 28.08.2018, whereas site plan shows that it was prepared by Investigating Officer on 27.07.2018. Learned counsel has submitted that all these facts and circumstances of the case make serious dent in the prosecution version. It was further submitted that criminal history of two cases shown against the applicant, has been duly explained in paragraph no. 16 to the affidavit accompanying the bail application. It has further been argued that the applicant is in judicial custody since 11.10.2019 and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail and argued that applicant is named in the FIR and that there is specific allegations that injured was taken away by the applicant and that applicant made the injured, who was aged only 16 years, to climb on a electric pole and he forced him to cut an electric wire and resultantly injured has suffered electric current and his left hand was burst and after that applicant has ran away from there, leaving the injured there. It was further submitted that injured has also stated that applicant has also poured some chemical over him and resultantly his whole body sustained burns. It was also submitted that applicant cannot take benefit of mere clerical errors in dates.
After considering submissions of learned counsel for the parties, looking into the seriousness of the allegations, severity of punishment, statement of injured and considering all attending facts and circumstances of the case, no case for grant of bail is made out.
Accordingly, the instant bail application filed on behalf of applicant Rajkumar @ Rajbahadur is rejected.
Order Date :- 23.9.2021 Anand