Allahabad High Court
Deepak Kumar vs State Of U.P. on 17 April, 2023
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD Reserved on 12.4.2023 Delivered on 17.4.2023 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50858 of 2021 Applicant :- Deepak Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kumar Vaishya,Sanjay Kumar,Vijay Bahadur Shivhare Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.
Heard Sri G.S. Chauhan, learned counsel for the applicant; learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Deepak Kumar, with a prayer to release him on bail in Case Crime No. 108 of 2021, under Sections 147, 148, 149, 286, 307, 325, 323, 504, 506, 188, 269, 270, 291 IPC and 3 Mahamari Adhiniyam and Section 51/57 Apda Prabandhan Adhiniyam, Police Station Jariya, District- Hamirpur, during pendency of trial.
There is allegation in the FIR that 12 accused, including the applicant, during period of lock-down, entered into violence with other side and caused injuries to the persons on the informant side.
Learned counsel for the applicant has submitted that the Investigating Officer has recorded the statements of the injureds and FIR is delayed.
Learned AGA is vehemently opposed the prayer for bail of the applicant. He has submitted that three injureds, namely, Jitendra, Karan Singh and Pravesh Kumar, suffered serious injuries on vital parts of their bodies. The delay in lodging the FIR has been explained. The role of causing fire arm injuries has been assigned to the applicant and co-accused, Jai Prakash. Injured, Jitendra, has clearly stated that the applicant caused him gun shot injury. The doctor has found fire arm injury on abdomen of the injured, Jitendra.
This Court after hearing the learned counsels for the parties does not finds any ground for enlarging the applicant on bail at this stage.
The bail application is accordingly rejected.
The court below is directed to conclude the trial against the applicant, as expeditiously as possible, preferably within a period of one year.
The Registrar (Compliance) of this Court is directed to communicate this order to the court concerned forthwith.
Order Date :- 17.4.2023 Ruchi Agrahari