High Court
Case Details
Court No. - 67 Neutral Citation No. - 2025:AHC:85808 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 774 of 2025 Applicant :- Param Singh Opposite Party :- State of U.P. Counsel for Applicant :- Abhishe Pandey,Sushil Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application under Section 483 of B.N.S.S. has been filed on behalf of applicant for bail in Case Crime No.734 of 2024, under Sections 191(2), 191(3), 190, 324(4), 351(2), 109, 333 of B.N.S., Police Station - Majhola, District - Moradabad. 2. Learned counsel appearing on behalf of the applicant has submitted that the F.I.R. was lodged by the informant against seven persons including the applicant. It is further submitted that the alleged incident has been taken place on 21.08.2024 at about 9.00 p.m., but the F.I.R. was lodged on 24.08.2024 at about 4.41 p.m. There are delay of three days in lodging of F.I.R. without explaining the delay. It is also submitted that as per the prosecution story, some hot talk occurred between the applicant side and the informant side and due to that sudden provocation, both sides have started giving the injuries to each other with the weapon as assigned in the F.I.R. It is further submitted that due to that incident, four persons were injured from both sides. It is further submitted that the injuries sustained by the injured, Kapil and Sachin, are simple in nature, except the injuries sustained on the head. The role has been assigned to the present applicant for causing injuries on head by Tabal i.e. sharp edged weapon. Learned counsel for applicant has referred the injury report which is appended at Annexures - 6 and 7 of the paper book. On perusal of the said injury report, it reflects that both the injured were not sustained any head injury by the sharp edged weapon, therefore, there are material contradictions in the ocular and medical evidence. Learned counsel for applicant has further submitted that criminal history of two cases has been explained in paragraph nos.3 and 4 of the supplementary affidavit. It is further submitted that after completion of investigation, charge sheet has been filed on 04.11.2024 by the investigating officer and the court concerned has taken cognizance. It is further submitted that co-accused, Subham Sagar, Hom Singh, Ravi and Mehar Singh have been enlarged on bail by Co-ordinate Bench of this Court vide orders dated 26.11.2024 and 22.11.2024. Applicant is languishing in jail since 25.10.2024. It is also submitted that applicant is the permanent resident of address given in memo of bail application and there are no flight risk. 3. Taking into consideration the aforesaid facts, it is prayed by learned counsel appearing on behalf of applicant that applicant may be released on bail in the aforesaid crime. It is
Legal Reasoning
sustained by the injured, is not prima facie found that caused by any sharp edged weapon. 7. It is admitted fact that after completion of investigation, charge sheet has been filed and the court concerned has also taken cognizance; criminal history of two cases has already been explained; other co-accused persons have already been enlarged on bail; applicant is languishing in jail for about seven months, there are no possibility of completion of trial in near future and there is no material brought by learned AGA to establish that if applicant would be enlarged on bail he will influence the trial or the witnesses. Overall the injuries sustained by the injured persons may be grievous in nature, but not danger to life. Learned counsel for applicant also undertaken that the applicant shall abide by all terms and conditions as imposed by this Court. 8. Taking into consideration all the entirety of the matter as discussed above, without expressing any finding or opinion on merits of the case, the applicant is releasing on bail. Accordingly, the bail application is allowed. 9. Let the applicant - Param Singh, who is involved in aforementioned case crime be released on bail on his 10 of 11 furnishing a personal bond of Rs.50,000/- (Fifty Thousand) and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. . Order Date :- 21.5.2025 Atul (Chandra Dhari Singh, J.) Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad 11 of 11
Arguments
undertaken by learned counsel for the applicant that applicant shall abide by all terms and conditions as imposed by this Court. 4. Per contra, learned AGA vehemently opposed the bail application of applicant and submitted that Tabal is recovered on the pointing out of applicant, therefore, he vehemently submitted that there are no force on the argument of counsel for applicant that applicant was not involved in the said incident giving injuries by way of using of recovered weapon i.e. Tabal. It is also submitted that when both the injured persons after sustaining the injuries by Lathi and Danda and 2 of 11 fell down thereafter, the applicant has given the injuries on head by way of using of Tabal, therefore, there are clear intention to kill the injured. 5. Heard Sri Abhishek Pandey, learned counsel appearing on behalf of applicant, Sri Rajesh Kumar Gupta, learned AGA appearing on behalf of the State, perused the contents made in bail application and material available on record. 6. I have perused the injury report of injured, Sachin and Kapil appended as Annexure nos.6 and 7 of the paper book, which reads as under:- “COSMOS HOSPITAL Name: Mr. Sachin Age/Sex: 19 Yrs/M Billing Date: 24 Aug 2024 08:07 Reg. No. 240P035427 Print Date: 29 Aug 2024 00:26 Lab No. 24RD012024 Ref. By: Dr. Sanjay Gupta UHID 24P18232 Qualification: MS, M.Ch. N.C.C.T. OF BRAIN (Follow-up case of head injury) As compared to previous CT scan dated 24th August 2024, No significant interval changes are noted. Please correlate clinically. Dr. Tarun Chauhan MBBS, MD Consultant Radiologist Dr. Ravi Jain MBBS, DMRD Consultant Radiologist COSMOS HOSPITAL Name: Mr. Sachin Age/Sex: 19 Yrs/M Billing Date: 24 Aug 2024 00:59 Reg. No. 240P035401 Print Date: 29 Aug 2024 00:26 Lab No. 24RD012009 Ref. By: Dr. Sanjay Gupta UHID 24P18229 3 of 11 Qualification: MS, M.Ch. N.C.C.T. OF BRAIN Fracture of middle and right para-median parts of frontal bone noted, extending inferiorly to involve the walls of frontal sinus on right side and anterior supero-medial wall of right orbit. POSTERIOR FOSSA: Cerebellum has normal C.T. appearance. Fourth ventricle is normal in size, shape, position and outlines. Brain stem appears normal. SUPRATENTORIAL: Small extra-axial hematoma (max. thickness 11mm) with minimal pneumocephalus is seen in right anterior frontal convexity, minimally compressing the underlying brain parenchyma. Few mild to small size hemorrhagic contusions are seen involving the right anterior basal frontal lobe, right lateral temporal lobe, left lateral peri-Sylvian fronto-temporal lobes and left posterior parietal lobe. Sylvian fissures and sulcal spaces are partially effaced. Third and lateral ventricles are normal. No mid line shift is seen. Basal cisterns are defined. Falx is in mid line. Sella and parasellar regions appear normal. Opinion CT findings are consistent with: Fracture of middle and right para-median parts of frontal bone, extending inferiorly to involve the walls of frontal sinus on right side and anterior supero-medial wall of right orbit. Small extra-axial hematoma (max. thickness 11mm) with minimal pneumocephalus in right anterior frontal convexity, minimally compressing the underlying brain parenchyma. 4 of 11 Few mild to small size hemorrhagic contusions involving the right anterior basal frontal lobe, right lateral temporal lobe, left lateral peri- Sylvian fronto-temporal lobes and left posterior parietal lobe. Mild diffuse cerebral edema. Please correlate clinically Dr. Tarun Chauhan MBBS, MD Consultant Radiologist Dr. Ravi Jain MBBS, DMRD Consultant Radiologist COSMOS HOSPITAL Name: Mr. Sachin Age/Sex: 19 Yrs/M Billing Date: 26 Aug 2024 06:41 Reg. No. 240P035840 Print Date: 29 Aug 2024 00:28 Lab No. 24RD012151 Ref. By: Dr. Sanjay Gupta UHID 24P18232 Qualification: MS, M.Ch. N.C.C.T. OF BRAIN (Follow-up case of head injury) As compared to previous CT scan dated 24th August 2024, Small extra- axial hematoma with minimal pneumocephalus in right anterior frontal convexity shows no significant interval change. Mild hemorrhagic contusions involving the right lateral temporal lobe and left lateral peri- Sylvian fronto-temporal lobes appear slightly increased in sizes and densities. Mild to small size hemorrhagic contusions involving the right anterior basal frontal lobe and left posterior parietal lobe show no significant interval changes. Mild diffuse cerebral edema shows no significant interval change. Rest findings are almost same, as before. Please correlate clinically Dr. Tarun Chauhan MBBS, MD Consultant Radiologist Dr. Ravi Jain MBBS, DMRD Consultant Radiologist COSMOS HOSPITAL 5 of 11 SUPPLEMENTARY REPORT (No-11452) Date:-13/09/2024 Patient name Mr. Sachin S/o Mr. Jagroop Singh, aged about 19yrs/male, R/o Uttampur Bahlolpur, District-Moradabad (UP) B/B Mr. Amit Kumar (Brother) add- Same, was admitted at Cosmos Hospital on dated 24/08/2024 at 02:13am with Alleged history of Assault Injury by stick & brick at about 09:30pm on 23/08/2024, with sutured wound at skull and vomiting. Intially treatmerit at district hospital Moradabad as per patient attendants. A/C to NCCT OF BRAIN Done at Cosmos Hospital, Moradabad on 24/08/2024, reported by Dr. Ravi Jain-Fracture of middle and right para-median parts of frontal bone, extending inferiorly to involve the welis of frontal sinus on right side and anterior supero-medial wall of right orbit. Small extra-axial hematoma (max. thickness 11mm) with minimal pneumocephalus in right anerior frontal convexity, minimally compressing the underlying brain parenchyma. Few mild to small size hemorrhagic contusions invoiving the right anterior basal frontal lobe, right lateraltemporal lobe, left lateral peri-Sylvian. fronto-temporal lobes and left posterior parietal lobe. Mild diffuse cerebral edema A/C to X-ray Chest (AP view)-Done at Cosmos Hospital, Moradabad on 24/08/2024, reported by Dr. Tarun Chauhan-Show no obvious abnormality. A/C to X-ray Cervical Spine (Lateral view) Done at Cosmos Hospital, Moradabad on 24/08/2024, reported by Dr. Tarun Chauhan- Show no obvious abnormality Patient was admitted at cosmos hospital, Moradabad under treatment of Neuro Surgeon Dr. Sanjay Gupta (M.ch) & was treated conservatively. Patient discharge on 29/08/2024. OPINION:-A/C to above mentioned reports injury to Head is Grievous in Nature. Sign illegible Dr. Sunil Kumar [M.B.B.S., M.Sc. (Anatomy)] 6 of 11 COSMOS HOSPITAL Name: Mr. Kapil Age/Sex: 22 Yrs/M Billing Date: 24 Aug 2024 08:07 Reg. No. 240P035428 Print Date: 29 Aug 2024 04:18 Lab No. 24RD012025 Ref. By: Dr. Sanjay Gupta UHID 24P18231 Qualification: MS, M.Ch. NCCT OF BRAIN (Follow-up case of head injury) As compared to previous CT scan dated 24th August 2024, No significant interval changes are noted. Please correlate clinically. Dr. Tarun Chauhan MBBS, MD Consultant Radiologist Dr. Ravi Jain MBBS, DMRD Consultant Radiologist COSMOS HOSPITAL Name: Mr. Kapil Age/Sex: 22 Yrs/M Billing Date: 24 Aug 2024 01:00 Reg. No. 240P035402 Print Date: 29 Aug 2024 04:17 Lab No. 24RD012912 Ref. By: Dr. Sanjay Gupta UHID 24P18239 Qualification: MS, M.Ch. N.C.C.T. OF BRAIN Fracture of left frontal bone is noted, extending inferiorly to involve the roof and medial wall of left orbit. POSTERIOR FOSSA: Cerebellum has normal C.T. appearance. Fourth ventricle is normal in size, shape, position and outlines. Brain stem appears normal. SUPRATENTORIAL: Extra-dural hematoma (max. thickness 8mm) with minimal pneumocephalus noted in left interior frontal convexity, sligtuly compressing the underlying brain parenchyma. 7 of 11 Sylvian fissures and sulcal spaces are partially effaced. Third and lateral ventricles are normal. No mid line shift is seen. Basal cisterns are defined. Falx is in mid line. Sella and parasellar regions appear normal. Opinion: CT findings are consistent with: Fracture of left frontal bone, extending inferiarly to involve the roof and medial wall of left arbit. Extra-dural hematoma (max. thickness 8mm) with minimal pneumocephalus noted in left interior frontal convexity, sligtuly compressing the underlying brain parenchyma. Mild diffuse cerebral edema. Please correlate clinically Dr. Tarun Chauhan MBBS, MD Consultant Radiologist Dr. Ravi Jain MBBS, DMRD Consultant Radiologist COSMOS HOSPITAL Name: Mr. Kapil Age/Sex: 22 Yrs/M Billing Date: 25 Aug 2024 09:35 Reg. No. 24IP05838 Print Date: 29 Aug 2024 04:22 Lab No. 24RD012119 Ref. By: Dr. Sanjay Gupta UHID 24P18341 Qualification: MS, M.Ch. N.C.C.T. OF BRAIN (Follow-up post-perated case of head injury) As compared to previous CT scan dated 24th August 2024, * Post-surgical changes noted in form of fresh calvarial defects in left frontal bone. * Left frontal pneumocephalus appears regressed. 8 of 11 * Extra-dural hematoma in left anterior frontal convexity appears regressed in superior part and increased in left basal frontal convexity (max. AP dimension 27mm) with slightly increased pressure effect over left basal frontal brain parenchyma. * Mild diffuse cerebral edema shows no significant interval change. * Rest findings are almost same, as before. Please correlate clinically Dr. Tarun Chauhan MBBS, MD Consultant Radiologist Dr. Ravi Jain MBBS, DMRD Consultant Radiologist COSMOS HOSPITAL Date 13.09.2024 SUPPLEMENTARY REPORT (No.11453) Patient name Mr. Kapil Kumar S/o Mr. Jagroop Singh, aged about 22yrs/male, R/o- Uttampur Bahlolpur, District-Moradabad (UP) B/B Mr. Amit Kumar (Brother) add- Same, was admitted at Cosmos Hospital on dated 24/08/2024 at 02:12am with Alleged history of Assault Injury by stick & brick at about 09:30pm on 23/08/2024, with sutured wound at skull, left black eye, oral and nasal bleed and vomiting. Intially treatment at district hospital Moradabad as per patient attendants A/C to NCCT OF BRAIN - Done at Cosmos Hospital, Moradabad on 24/08/2024 reported by Dr. Ravi Jain-Fracture of left frontal bone, extending inferiorly to involve the roof and medial wall of left orbit. Extra-dural hematoma (max. thickness 8mm) with minimal pneumocephalus in left anterior frontal convexity, slightly compressing the underlying brain parenchyma. Mild diffuse cerebral edema. A/C to X-ray Chest (AP view)-Done at Cosmos Hospital, Moradabad on 24/08/2024 reported by Dr. Tarun Chauhan-Show no obvious abnormality. A/C to X-ray Cervical Spine (Lateral view) Done at Cosmos Hospital, Moradabad, on 24/08/2024, reported by Dr. Tarun Chauhan- Show no obvious abnormality. 9 of 11 Patient was admitted at cosmos hospital, Moradabad under treatment of Neuro Surgeon Dr. Sanjay Gupta (M.ch) - Left frontal craniotomy & Evacuation of EDH done under G.A. on 24/08/2024. Patient discharge on 28/08/2024. OPINION:- A/C to above mentioned reports & OT notes injury to Head is Grievous in Nature. Sign illegible Dr. Sunil Kumar [M.B.B.S., M.Sc. (Anatomy)]” On perusal of the said injuries, it reflects that the head injury