High Court
Case Details
Neutral Citation No. - 2024:AHC:122741 Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7437 of 2024 Applicant :- Dileep @ Vineet Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Dubey Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J.
Legal Reasoning
regard to use of dangerous weapon. Injuries of injured were not dangerous to life although the injuries may have resulted in loss of eye. However, at the best offence under Section 323 IPC can be said to be made out. In the present case, prima facie, this Court is satisfied that the present case is a case of over implication in order to keep the applicant in jail and to curtail his personal liberty. The offence under Section 323 IPC is bailable in nature.
Arguments
1. Heard learned counsel for the applicant as well as learned AGA and perused the material available on record. 2. The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant - Dileep @ Vineet in Case Crime No. 283 of 2024 under Sections 323, 504, 326 I.P.C., Police Station - Bhongaon, District - Mainpuri. 3. It is submitted by learned counsel for the applicant that initially an NCR was lodged on 11.05.2024 at 13:46 hours before police station with the allegation that in the previous night at 9:00 pm accused persons have assaulted, however, there was no description in the NCR about any injury suffered by the victim on the eye. Learned counsel for the applicant submits that medical was held on 11.05.2024 watery discharge from the eye. It is submitted that subsequently injured was referred to higher centre where it has been opined that vision of the eye has been lost. 3-A. Learned counsel for the applicant submits that there is no allegation of use of any dangerous weapon and subsequently FIR was lodged by the informant on 22.05.2024 where also it has not been stated that there was any injury caused on the eye and the same has been reflected in the statement of victim under Section 161 Cr.P.C.. It is submitted that at the best offence under Section 323 IPC would be made out against applicant, which is bailable, however, in order to over implicate the applicant Section 326 IPC has been made out. It is further submitted by learned counsel for applicant that applicant is innocent and has no concern with the present matter. Allegations levelled against the applicant are false. It is further argued that no prima facie case is made out against the applicant. If the applicant is enlarged on anticipatory bail, he will not misuse the liberty and cooperate with the investigation. The applicant has apprehension of his arrest by the police any time. 4. Learned A.G.A. opposed the prayer but does not dispute the factual matrix. 5. It is not shown by learned AGA that the offence in question will have impact on society at large. It is not shown that act causes harm to the society. The accusations arise out of dispute between individuals. It is not shown by learned AGA that the nature and gravity of allegations are such that the same would disentitle the applicant for relief of anticipatory bail. Learned AGA has not raised concern that any prejudice would be caused to free, fair and full investigation in the event the applicant is granted anticipatory bail. No material, facts, circumstances or concern been shown by learned AGA for the State that the accused may tamper with the evidence or witnesses or accused is of such character that his mere presence at large would intimidate the witnesses or that accused will use his liberty to subvert justice or tamper with the evidence. 6. Learned Counsel for opposite parties has not placed any criminal antecedents of the applicant. The applicant has no criminal history. 7. It is settled principle of law that the object of bail is to secure the attendance of the accused. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA for the State. 8. Section 326 IPC is quoted herein below: "Voluntarily causing grievous hurt by dangerous weapons or means.—Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine." 9. In the present case, it is to seen that there is no allegation with
Decision
10. In view of the above, the applicant is granted anticipatory bail in respect of offence described in para-2 of the present order. In the event of arrest of the applicant, he shall be released on anticipatory bail till submission of report under Section 173 (2) Cr.P.C. on his furnishing a personal bond of Rs.25,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by a police office as and when required. (ii) 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 office. (iii) The applicant shall not leave India without the previous permission of the Court concerned. (iv) In the event, the applicant changes residential address, the applicant shall inform the court concerned/Investigating Officer about new residential address in writing. (v) The applicant shall cooperate with the investigation and make himself/herself available for interrogation whenever required. (vi) The applicant shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police. (vii) The applicant shall maintain law and order. (viii) The applicant shall at the time of execution of the bond, furnish his address and mobile number to investigating officer, and the court concerned. (ix) The applicant shall regularly remain present during the trial, and cooperate with the Court to complete the trial for the above offences. (x) Non presence of the applicant or his counsel before the court concerned shall be construed as violation of the present order and the court concerned would be at liberty to take coercive measures in accordance with law. 11. In case of default of any of the conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of protection granted to the applicant. 12. With the directions made above, the anticipatory bail application stands allowed. Order Date :- 31.7.2024 S.Prakash