Allahabad High Court
Ashraf vs State Of U.P. on 27 January, 2020
Author: Suneet Kumar
Bench: Suneet Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 2 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26699 of 2019 Applicant :- Ashraf Opposite Party :- State of U.P. Counsel for Applicant :- Dr. C.P. Upadhyay Counsel for Opposite Party :- G.A.,Nasiruzzaman,Nasriruzamman Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant, learned counsel appearing for the complainant and learned A.G.A. for the State and perused the record.
The allegation against the applicant is that the applicant and his brother caused burn injury by acid; the victim has received injury on the left side of the face, left eye parts, right side face forehead, neck, left side front of chest abdomen, right arm in forearm with both leg 15-20 to KUO referred to Surgeon, left Surgeon superficial to deep burn KUO referred to Surgeon/Eye Surgeon; the incident is of 4 pm, the FIR was lodged promptly at around 6:32 pm on the same day.
It is urged that there is old enmity between the families; several first information reports were lodged by the father of the applicant against the father of the victim, consequently, the instant case has been set up to pressurize the applicant's family to enter into a compromise. It is further contended that there is contradiction in the statement of the victim, in 161 Cr.P.C. she says that she did not recognize the assailants, whereas, in 164 Cr.P.C. statement recorded after more than two months, name of the applicant was disclosed; the applicant is languishing in jail since 18.2.2019, hence the applicant may be released on bail.
Learned A.G.A. and learned counsel for the informant has vehemently opposed the prayer for bail contending that the attack with acid was the outcome of enmity; several criminal cases are pending; not only the victim but also the brother of the victim was injured in the acid attack; it will not be in public interest to enlarge the applicant on bail.
Without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the applicant Ashraf involved in Case Crime No. 18 of 2019, under Sections 326A I.P.C., P.S. Chandaus, District Agra.
Accordingly, the bail application is rejected.
However, the trial court is further directed to expedite the trial of the aforesaid case and conclude the same expeditiously from the date of production of a certified copy of this order.
The Registrar General of this Court is directed to send a copy of this order to the learned trial court for compliance.
Order Date :- 27.1.2020 S.Prakash