Allahabad High Court
Amarpal And Another vs State Of U.P.And Another on 25 July, 2022
Author: Ali Zamin
Bench: Ali Zamin
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18263 of 2022 Applicant :- Amarpal And Another Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Abhinav Singh,Brahma Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Ali Zamin,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicants with a prayer to enlarge them on bail in Case Crime No.340 of 2021, under Sections 323, 324, 325, 308, 504, 506 I.P.C., P.S. Mansoorpur, District Muzaffarnagar.
Learned counsel for the applicants submits that as per F.I.R. version on 11.10.2021 Rakesh was returning to his house at about 9:00 p.m. applicants and two others who bore enmity started abusing and on objection they beat him by lathi danda, on alarm made by Rakesh informant Sompal, his son and other persons went to his rescue then they also beat to informant and his son due to which they also received injuries. Medical examination of Rakesh and Raja was conducted in the night. He further submits that on information N.C.R. No.40/2021, under Sections 323, 504, 506 was registered and on application under Section 155 (2) Cr.P.C., it has been converted into F.I.R. on 25.12.2021. He submits that as per injury report of Raja injury no.1 T.S. size 5 x 4 c.m. present on left side skull 9 cm. above left ear pinna kept under observation advised x-ray AP-Lt., injury no.2 Abraded contused swelling size 13 x 8 cm. present on right side face extended to nose, just below right eye nasal bleeding present kept under observation, advised x-ray face with nose AP-LT., injury no.3 L.W. size 1.5 x 5 cm. x muscle deep present on inner aspect of middle of upper lip, injury no.4 Missing of right upper lateral incision teeth from gum kept under observation, advised referred to dental surgeon for expert opinion and management, injury no.5 Missing of half right lower lateral incision teeth kept under observation, advised referred to dental surgeon for expert opinion and management, injury no.6 complain of chest pain kept under observation, advised x-ray chest and as per x-ray report fracture in right parietal bone, injury nos.4 and 5 grievous according to dental surgeon, injury nos.1 and 2 grievous in nature according to NCCT report of Muzaffar Nagar Medical College and injury no.6 is simple in nature. Injuries of Rakesh are as no.1 Incised wound size 3 x 05 cm. x bone deep present on middle of skull, 9 cm. above root of nose margin sharp, bleeding present kept under observation, advised x-ray skull AP-Lt., injury no.2 Contused swelling size 6 x 5 cm. present on nose with left side face, bleeding present from nose kept under observation, advised x-ray face with nose AP-Lt., injury no.3 Red contusion size 7 x 2 cm. present on left side back of chest 4 cm. below just angle of left scapula, injury no.4 Red contusion size 6 x 2 cm. present on right side back of abdomen, 7 cm. above left illac crest, injury no.5 Complaint of pain in chest with left arm, kept under observation, advised x-ray, chest AP-Lt., injury no.6 Complain of abdomen, injury no.7 Contused swelling size 6 x 4 cm. present on back of right forearm, 9 cm. above right wrist joint and as pr supplementary report, bone injury is not seen and x-ray face and nose was not provided. No opinion has been given. The injured Raja has supported the prosecution version. F.I.R. has been lodged after two months of the incident and as per medical report sharp weapon injury also received to injured Rakesh. He further submits that due to enmity they have been falsely implicated in the case. There is no possibility of the applicants of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicants are enlarged on bail, the applicants shall not misuse the liberty of bail. It is next contended that the applicants are languishing in jail since 11.03.2022.
Per contra, learned A.G.A. opposed the bail prayer of the applicants and submits that incident has occurred at 9:00 p.m. in the night and at the very same night Raja at 1:35 a.m. on 12.10.2021 and Sompal at 1:20 a.m. were examined in the district hospital by the doctor and as per injury report of Raja injury has been found grievous in nature and sharp weapon injury was also received to injured Rakesh. The injured have supported the incident and disclosed the name of applicant, therefore, the applicants are not entitled for bail.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, incident occurring at 9:00 p.m. in the night and NCR lodged in the morning, injured persons examined in the same night of incident and injuries received to the injured persons and as per supplementary report injury also found grievous in nature, without expressing any opinion on merit of the case, I do not find a fit case for bail.
Consequently, the prayer for bail of the applicants Amarpal and Vijaypal hereby refused and the bail application is rejected.
However, considering the facts and circumstances of the case, the trial court is directed to expedite this case in accordance with law without granting unnecessary adjournments to either of the parties and decide as early as possible.
Order Date :- 25.7.2022 Jitendra