Sachin Patel v. State of U.P. Thru. Prin. Secy. Home Deptt. Sectt. Lko and Another

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12733 of 2023 Applicant :- Sachin Patel Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Sectt. Lko And Another Counsel for Applicant :- Ravi Shanker Singh,Amit Singh,Kirti Veer Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Shi Ravi Shanker Singh, learned counsel for the applicant and Shri Jayant Singh Tomar, learned AGA-I.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No.0202 of 2023, under Sections 307, 323, 504, 506 IPC and 4/25 Arms Act, 1959, registered at Police Station - Sangramgarh, District - Pratapgarh.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.09.2023 against the applicant, father, mother and another person alleging that because of some property dispute, the accused persons had beaten up the informant and his parents and the applicant had assaulted the informant with a knife.

¶4In the affidavit filed in support of the application, it has been stated that the applicant is a 21 years old innocent person having no criminal history. The medico legal examination report and the supplementary report mention merely two injuries of laceration and the informant has not suffered any incised wound or stabbed wound.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the allegations of causing injuries by a knife are not supported by the medico legal examination report of the informant; that the injuries suffered by the informant are of laceration and are simple in nature; that the applicant is a 21 years old person having no criminal history and he is languishing in jail since 06.09.2023 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

¶9Accordingly, this bail application stands allowed.

¶10Let the applicant-Sachin Patel be released on bail in Case Crime No.0202 of 2023, under Sections 307, 323, 504, 506 IPC and 4/25 Arms Act, 1959, registered at Police Station -Sangramgarh, District -Pratapgarh, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. Order Date :- 31.10.2023 KR High Court of Judicature at Allahabad, Lucknow Bench