Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19143 of 2021 Applicant :- Ram Sajan Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Supplementary affidavit filed on behalf of applicant which is taken on record.
Heard learned counsel for the applicant, 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.678 of 2020, under Sections 307, 323, 504, 506 I.P.C., P.S. Chiluatal, District Gorakhpur.
Learned counsel for the applicant submits that according to F.I.R. version on 19.09.2021 at about 9:30 a.m. Krishna Dubey was standing on the crossing near the house of Vikrant Chaturvedi at that time Ram Bhajan, applicant, Pawan and Amarjit Yadav having country-made pistol and pistol came and surrounding caught him started abusing, applicant stated that you are doing pairvi in my case, today will kill, in the meantime Ram Bhahan Yadav exhorted to fire, applicant and Pawan Yadav having country-made pistol and pistol in hand with intention to kill fired at Krishna Dubey which hit on his stomach and fell down on the earth, Indrajeet Yadav tried to catch the accused persons then Amarjit assaulted by butt of pistol upon him. Incident was witnessed by Surya Prakash Dubey, Vikrant Chaturvedi and other villagers. He submits that as per page no.20 of the counter affidavit subcutaneous laceration of left posterior abdominal wall with intramuscular air densities in left erector spinae, at L3 level and between left oblique muscles. Mild edema of left erector spinae at the site of laceration. He further submits that the injured was admitted on 19.09.2020 and discharged on 21.09.2020 and at the time of discharge his report found satisfactory. The criminal history of the applicant has been explained in para 11 of the affidavit filed in support of bail application. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that the applicant is languishing in jail since 20.09.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant and submits that fire arm injury has been caused which is corroborated by the medical report and applicant has a criminal history of one case of similar nature, therefore, he is not entitled for bail.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, without expressing any opinion on merit of the case, I do not find a fit case for bail.
Consequently, the prayer for bail of the applicant Ram Sajan is hereby refused and the bail application is rejected.
Order Date :- 23.9.2021 Jitendra