Heard Sri Desh Deepak Verma, counsel for the applicant, Sri Rao Narendra Singh, counsel for the State and Ms. Nalini Jain, counsel for the complainant and perused the material on 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 Crime No. 200 of 2021, under Sections 323, 504, 506, 353, 332, 333, 427 of IPC, registered at Police Station Lonikatra, District Barabanki.
As per prosecution case, on 8.7.2021, the applicant caused as many as seven injuries to Ajai Pal Singh, Assistant Engineer, Uttar Pradesh Rajya Nirman Sahkari Sangh and had also beaten Lokesh Yadav and Rajesh Pandey.
Counsel for the applicant submits that the FIR was lodged on 8.7.2021 at 20:52, whereas medical examination of the injured was done prior to registration of the FIR. He submits that even assuming that minor incident had taken place, the same has been given serious colour just because certain government officials were involved. He further submits that most of injuries sustained by the victim are minor in nature. Lastly, he submits that the applicant is in jail since 15.7.2021 and, therefore, the applicant be released on bail.
On the other hand, learned State counsel and counsel for the objector have opposed the bail application. It has been argued by them that while the government officials were discharging their duties, the applicant caused them injuries and in the incident, Ajay Pal has suffered seven injuries including fracture of right hand.
Considering the nature of allegation against the applicant and his detention period, at this stage, I am not inclined to release the applicant on bail.
The bail application is, accordingly, rejected.
The applicant would be at liberty to revive his application after four months.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the representative of the applicant(s) alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.8.2021 RK