Ravi v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38342 of 2023 Applicant :- Ravi Opposite Party :- State of U.P. Counsel for Applicant :- Shams Uz Zaman,Quasim Khan Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant, learned AGA and perused the record.

¶2The accused-applicant seeks bail in Case Crime No.220 of 2023 under sections 452, 323, 307, 504, 506, 352, 34 IPC, P.S. Jhijhana, District Shamli.

¶3The FIR in question was lodged alleging that four persons including the applicant had caused substantial injuries to the son of the informant. The injury report on record indicates that the injury was on the forehead of the son of the informant. The opinion of the doctor reveals that the injury inflicted upon the son of the informant is grievous in nature. The statement of the victim on record indicates that the role of the applicant in causing the injury in question.

¶4It is argued that it is a case of single injury and had ensued on account of an altercation took place and the applicant has no criminal antecedents and is in custody since 20.06.2023 and the other co-accused have been enlarged on bail.

¶5Although the role of the applicant is different from the other co-accused who have been enlarged on bail and the nature of the injuries sustained are grievous, however, the applicant is in custody since 20.06.2023 and has no criminal history and there is nothing on record to demonstrate that the applicant if enlarged on bail can adversely affect the trial, the applicant is entitled for the bail. Thus, the bail application is allowed.

¶6Let the applicant Ravi be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties of Rs.25000/- (Twenty Five Thousand) each of the like amount to the satisfaction of the court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. Order Date :- 8.11.2023 VNP/- High Court of Judicature at Allahabad