Allahabad High Court
Rahul vs State Of U.P. on 10 August, 2023
Author: Pankaj Bhatia
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:161592 Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35188 of 2023 Applicant :- Rahul Opposite Party :- State of U.P. Counsel for Applicant :- Nand Kishor Mishra,Shilpa Ahuja Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant, learned AGA and perused the record.
2. The accused-applicant seeks bail in Case Crime No.93 of 2023 under sections 308, 324, 323, 504, 506 IPC, P.S. Mahobkanth, District Mahoba.
3. The FIR in question was lodged on 06.07.2023 alleging that on 24.06.2023, at about 9:30 pm, the son of the informant had gone along with the applicant for catching the fish, there an altercation took place and the applicant attacked the informant's son with the Axe, which resulted in grievous injuries.
4. The counsel for the applicant argues that the FIR was lodged after about twelve days without there being any plausible explanation for the inordinate delay. She also argues that the entire prosecution story appears to be suspicious as nobody can go for catching the fish at 9.30 pm as alleged in the FIR. The counsel for the applicant draws my attention to the medical report on record, which indicates the head injury on the forehead deep and skull deep.
5. The statement of the victim on record corroborates the prosecution story, however, it is alleged that the weapon used is 'Axe', while the supplementary medical report on record indicates fractures on the frontal bone.
6. On the basis of the materials on record, prima facie there appears to be no explanation of inordinate delay in lodging the FIR and the injury report primarily does not indicate the use of weapon 'Axe' as alleged in the FIR and in the statement of the victim, although the nature of the injuries on the victim are serious, however, the difference in the statement so as to implicate the applicant with the offence in question, more so with the use of Axe, is primarily missing coupled with the fact that the applicant has no criminal history and is in jail since 19.07.2023, as such, for all the ground recorded above, the applicant is entitled for the bail. Thus the bail application is allowed.
7. Let the applicant Rahul be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties of Rs.25000/- each 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 :- 10.8.2023 VNP/-