Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38637 of 2021 Applicant :- Raunak Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Prabodh Dubey,Ashok Kumar Giri Counsel for Opposite Party :- G.A.,Dileep Kumar Srivastava
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned counsel for the 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. 484 of 2020, under Section 354, 323, 504, 506, 452, 336, 427, 188, 308 of I.P.C. and Section 7/8 of POCSO Act and Section 51 of Disaster Management Act, registered at P.S.- Kasya, District- Kushinagar.
Submission of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case. Further submitted that it has been alleged that the applicant caused injuries by Gandasa but injuries on the person of injured are of hard and blunt object, so there is contradiction between the statement of witness under Section 161 Cr.P.C. and injury report. The allegations levelled against the applicant are fully false and baseless and case under aforesaid Section is not made out against him. The applicant is languishing in jail since 11.08.2021.
Per contra, learned A.G.A. and learned counsel for complainant opposed the prayer for bail and contended that there is fracture on the parietal bone of the injured Jamshed.
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 applicant has been assigned the role of causing injuries by Gandasa which is a sharp edged weapon and as per the opinion of doctor, the injuries sustained to injured have been caused by hard and blunt object, hence, there is contradiction between ocular and medical evidence. In view of the above, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Raunak 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 :- 22.12.2021 VPS