Govind @ D.M v. State of U.P Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko

Court No. - 28 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10110 of 2023 Applicant :- Govind @ D.M. Opposite Party :- State Of U.P Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko. Counsel for Applicant :- Sanjay Kumar,Mohd. Waris Farooqui Counsel for Opposite Party :- G.A. Hon'ble Mrs. Jyotsna Sharma,J.

¶01Heard Mohd. Waris Farooqui, learned counsel for applicant and learned A.G.A. for the State.

¶02The present bail application has been filed by the applicant seeking bail in case crime no.96 of 2023, under Section 307 I.P.C., P.S.Mailani, District Lakhimpuri Kheri.

¶03As per version in the F.I.R., the injured Jaiprakash had gone to complain to the house of the accused. Suddenly the applicant took out a knife and stabbed him causing injury on his abdomen.

¶04It is contended on behalf of the applicant that there are major contradictions in the statements of the witnesses and injured Jai Prakash. The injury caused was simple in nature. The injury was managed without any operation and that he was treated conservatively by the doctor. Dimensions of the incised wound was merely 1.5xti.9 cm. CECT of the abdomen showed no dangerous or grievous injury. It is argued that matter does not come within the offence of Section 307 I.P.C.

¶05The application for bail is opposed by learned A.G.A. However, it is conceded that that the applicant has no criminal antecedents and he is in jail since 13.03.2023 i.e. more than 8 months.

¶06I considered nature of the allegations, role ascribed to the applicant, the evidence proposed, the severity of punishment and all other facts and circumstances of the case. In my view, a case for bail is made out.

¶07Let applicant -Govind @ D.M. be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

(i) The applicant shall not temper with evidence/witnesses.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.

(iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) framing of charge and (ii) recording of statement under Section 313 Cr.P.C. without exception.

(iv) It is further provided that before issuing the release order, present as well as permanent address of the accused as well as sureties shall also be duly verified and the applicant shall submit undertaking that he shall not change his address without prior intimation to the court concerned.

¶08Any violation of above conditions will be treated as misuse of bail and learned Court below will be at liberty to pass appropriate order.

¶09It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order. Order Date :- 20.11.2023 Asha High Court of Judicature at Allahabad, Lucknow Bench