High Court
Case Details
Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14845 of 2023 Applicant :- Hemant Kumar Singh Alias Rajan Opposite Party :- State of U.P. Counsel for Applicant :- Anand Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
Legal Reasoning
Sri Amarjeet Singh, Advocate has filed his power today in Court on behalf of the informant, which is taken on record. Heard Sri Anand Kumar, learned counsel for the applicant, Sri Amarjeet Singh, learned counsel for the informant and Sri Ghanshyam Mishra, learned Brief Holder for the State- respondent. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 98 of 2021, under Sections 147, 323, 504, 506, 325, 308 IPC, Police Station- Chitaipur, District- Varanasi, during pendency of the trial in the court below. FIR of the present case was lodged against applicant and 12 others and according to the FIR, applicant along with his associates made assault through wooden sticks and bricks and due to assault made by them, six persons sustained injury. Learned counsel for the applicant submitted that entire allegations made against the applicant are totally false and baseless and applicant neither participated in the incident nor he ever caused any injury to anyone and on the basis of general allegation, he has been made accused in the present matter along with 12 others. He further submitted that although, in the incident it is alleged that six persons sustained injury from the side of informant but injury sustained to three persons were found grievous in nature and from the X-ray and C.T. Scan report of the injured persons, it appears that their scull bone was found fractured but there is no evidence on record which can show that applicant is the author of these injuries. He further submitted that in fact, informant side was the real aggressor and they wanted to grab the property of the applicant and in this regard they made assault and from the assault made by them from the side of applicant also one person sustained injury and from the side of applicant also an FIR was lodged on the same day i.e. 19.12.2022 and therefore, it is a cross case and at this stage, it cannot be ascertained who was the real aggressor. He further submitted that applicant is not having any previous criminal history and in the present matter, he is in jail 4.1.2023. Learned counsel further submitted that in the first information report total 13 persons were made accused including the applicant and out of 13 accused persons, two accused persons, Bharat Patel and Surendra Pratap @ Mandela have already been released on bail by this Court. He placed the bail orders of co- accused, Bharat Patel and Surendra Pratap @ Mandela during the course of arguments, which are taken on record and case of applicant is also at par with them. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant along with his associates made assault and due to assault made by them, six persons sustained injuries and injuries sustained by three persons were grievous in nature and in the incident one minor injury was also sustained from the side of applicant and on the basis that injury, applicant also although, lodged an FIR of the present case but merely on that basis, applicant cannot be benefited. Learned counsel for the informant further submitted that after the alleged incident other associates of the applicant are continuously threatening the informant and his family members and in this regard an application was also moved by one of them to the police in the month of February, 2023 to the effect that applicant and others were continuously pressurizing the informant side to compromise the matter. He further submitted that in the incident 13 persons made assault and therefore, all the persons are liable for the injury sustained to the injured persons. I have heard learned counsel for the parties and perused the record of the case. From the perusal of the record, it appears that both the sides sustained injury although, from the side of informant six persons sustained injuries and from the side of applicant one person sustained injury and injury sustained to the side of applicant was simple in nature but FIR was also lodged by the applicant, therefore, it appears that it is a cross case and a dispute between applicant and informant side is pending with regard to a property and only general role has been assigned to all the accused persons including applicant and applicant is not having any criminal history and in the present matter, he is in jail since 4.1.2023 and co-accused, Bharat Patel and Surendra Pratap @ Mandela have already been released on bail by this Court and case of applicant is at par with them, therefore, in my view applicant is entitled to be released on bail. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. Let the applicant- Hemant Kumar Singh Alias Rajan be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti- social activity. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. Order Date :- 10.4.2023 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad