Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47243 of 2021 Applicant :- Suny Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar 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. 151 of 2021 under Sections 323, 325, 307, 506 I.P.C. registered at P.S.- Lohamandi, District- Agra.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in this case. He has not committed the alleged offence. Injuries on the person of the injured, Sanjay is on non-vital organ of the body which does not come under the attempt to commit murder. Applicant has no criminal antecedents. Further submitted that the applicant is languishing in jail since 20.09.2021.
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 in his statement recorded under Section 161 Cr.P.C. which is annexed at page no. 6 of the Supplementary-Affidavit, has stated that applicant hit 3-4 times at the leg of injured by rod. In the incident, leg of the injured was fractured.
Intention to commit murder is gathered from the facts and circumstances of each case. Main determinants are nature and amount of injury, nature of weapon used, vital organ of the body where the injury has been caused and peculiar circumstances of that particular case. So far as the facts of the present case are concerned, weapon alleged to commit the offence is an iron-rod and injury is on the leg which is on non-
vital organ of the body, without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Suny 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 A. Mandhani