High Court · 2025

Judgment

1. Instant application filed under Section 483 of B.N.S.S seeking bail in Case Crime No. 0175 of 2024, under Sections 109 (1), 352, 353 (3), 333, 118 (1) of B.N.S., Police Station Kasimabad, District Ghazipur.

2. Learned counsel appearing for the applicant submitted that applicant is innocent and he has not committed any offence as alleged

in the first information report. It is further submitted that present applicant has been falsely implicated in the instant case due to ulterior motive and old rivalry. As per prosecution story, the son of the first informant has allegedly sustained the injuries by knife on his neck, hand and palm. It is also submitted that as per prosecution accused persons inflicted the knife to the injured. General role has been assigned to all the accused persons. Learned counsel further submitted that due to that injuries, the injured has admitted in the hospital at Trauma Centre, B.H.U. Varanasi. The Medical examination of the injured was conducted at Trauma Centre and Superspeciality Hospital Institute of Medical Sciences, B. H. U., Varanasi. As per medical report, the injured has sustained injury from the sharp-edged weapon. After the treatment of three days in the hospital, the injured was discharged from the hospital. Learned counsel submitted that no weapon used in the crime has been recovered from the possession of the applicant or his pointing out. Learned counsel further submitted that incident has taken place in the midnight at 1:00 a.m. and there was no source of light on the place of occurrence, therefore, it was very difficult to identify by the injured or informant to the assailant. The name of the applicant mentioned in the first information report only to settle the score of old enmity between the parties i.e. applicant's side as well as informant's side. There are no independent witness of the said incident. It is further submitted that applicant has been falsely implicated in the said case as his sister namely Sandhya Singh has lodged the first information report on 22.08.2022 against the injured and other persons. Learned counsel appearing on behalf of applicant further submitted that present applicant is posted in the Indian Army as Lance Naik. There are one previous criminal history of the applicant which has been explained in para-9 of the rejoinder affidavit. Learned counsel further submitted that applicant is law abiding citizen and serving in the Indian Army. Since there are several disputes of property between the parties, therefore, he has been implicated in the present case. It is also submitted that after completion of investigation, charge sheet has been filed on

09.09.2024. Applicant is languishing in jail since 23.07.2024. There are very dim chance of completion of trial in near future. It is also undertaken that he will abide by all terms and conditions as imposed by this Court while granting bail. Learned counsel prayed that considering the aforesaid facts and circumstances, the applicant may be enlarged on bail.

3. Per contra, learned A.G.A. appearing on behalf of State vehemently opposed the bail application and contended that as per the injury report, the injured has sustained several injuries and some injuries were sustained by the injured on vital part of the body i.e. neck. It is further submitted that injury sustained by the injured on his neck is grievous in nature but he has not contradicted the other facts as stated above by learned counsel for the applicant.

4. Learned counsel appearing on behalf of informant has also vehemently opposed the instant bail application and submitted that there is no force in the argument made by learned counsel for the applicant that he has been falsely implicated in the said case. Applicant has given the knife injuries to the injured with intention to 2 of 5 kill him. He has also referred the injury report and submitted that mere perusal of the injuries sustained by the injured, it is established that assailant has inflicted injury by knife upon the injured with intention to kill him. Learned counsel further submitted that if the applicant will release on bail, it is high chance that he will not co-operate in trial or may influence the public witnesses in trial. Learned counsel appearing on behalf of informant submitted that in view of the aforesaid facts and circumstances, the instant bail application has no merit and is liable to be dismissed.

5. Heard Sri Sudhanshu Kumar Singh, learned counsel for the applicant, Sri O. P. Mishra, learned A.G.A. appearing on behalf of the State as well as Sri Pradeep Kumar Rai, learned counsel for the complainant and perused the material available on record.

6. The medical report of the injured is appended as Annexure No.2 to the bail application and as per injury report, the injury sustained by the injured are stab injuries caused by the sharp-edged weapon i.e. knife.

7. I have also perused the C.T. Scan report, copy of which is appended as Annexure No. 2 to the counter affidavit filed on behalf of informant and the same is quoted as under:- “NCCT HEAD FACE 3D REPORT (0.6 mm axial sections taken for brain from base of skull to vertex region). SUPRATENTORIAL REGION:- • Bilateral cerebral hemispheres have normal morphology & gray-white matter differentiation. • No deviation of the septum pellucidum seen. • Bilateral basal ganglia, thalami, internal capsule and corpus callosum have normal morphology and attenuation values. • Ventricular system is of normal size, symmetry and configuration. • Fissures, sulci & cisterns appear normal. • Sellar and parasellar regions normally visualized. FACE REGION:- • Fracture left angle and body of mandible. Fracture Occipital bone. • Mild DNS with septal spur left side. 3 of 5 • Bilateral maxillary sinuses - Normal pneumatisation and bony outline; with normal mucosa pattern. • Bilateral oesteomeatal complex - Visualized normally, with normal mucosal outline. • Bilateral frontal, ethmoidal and sphenoidal sinuses Normal pneumatisation and bony outlines. • Bilateral orbits, extraocular muscles, optic nerves - WNL. • Rest of facial bones appear normal. IMPRESSION:- • FRACTURE LEFT ANGLE AND BODY OF MANDIBLE. • FRACTURE OCCIPITAL BONE. • MILD DNS WITH SEPTAL SPUR LEFT SIDE. • ADVISED: CLINICAL CORRELATION/EVALUATION."

8. Taking into consideration the injuries sustained by the injured on his neck is dangerous but not threat to life. I have also perused the statement of the informant who supports the version of the F.I.R. I have also perused the counter and rejoinder affidavit filed by the informant as well as applicant respectively. Applicant is languishing in jail since 23.07.2024 i.e. more than 10 months, one criminal history has been explained, charge sheet has been filed and applicant is permanent resident of address mentioned in the memo of bail application. He is posted as Lance Naik in Indian Army. I have perused all other material on record. There are very dim chance of conclusion of trial in near future. No material has been brought by learned A.G.A. to establish that he will not co-operate in trial or he may influence witnesses in case he will release on bail.

9. Taking into consideration the all entirety of the matter as discussed above, without expressing any opinion on the merits of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed.

10. Let the applicant- Ram Raj Singh @ Sonu who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- and two sureties each in the like amount to the satisfaction of the court concerned subject to following 4 of 5 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.

11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 8.5.2025/AKT (Chandra Dhari Singh,J.) ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad 5 of 5

in the first information report. It is further submitted that present applicant has been falsely implicated in the instant case due to ulterior motive and old rivalry. As per prosecution story, the son of the first informant has allegedly sustained the injuries by knife on his neck, hand and palm. It is also submitted that as per prosecution accused persons inflicted the knife to the injured. General role has been assigned to all the accused persons. Learned counsel further submitted that due to that injuries, the injured has admitted in the hospital at Trauma Centre, B.H.U. Varanasi. The Medical examination of the injured was conducted at Trauma Centre and Superspeciality Hospital Institute of Medical Sciences, B. H. U., Varanasi. As per medical report, the injured has sustained injury from the sharp-edged weapon. After the treatment of three days in the hospital, the injured was discharged from the hospital. Learned counsel submitted that no weapon used in the crime has been recovered from the possession of the applicant or his pointing out. Learned counsel further submitted that incident has taken place in the midnight at 1:00 a.m. and there was no source of light on the place of occurrence, therefore, it was very difficult to identify by the injured or informant to the assailant. The name of the applicant mentioned in the first information report only to settle the score of old enmity between the parties i.e. applicant's side as well as informant's side. There are no independent witness of the said incident. It is further submitted that applicant has been falsely implicated in the said case as his sister namely Sandhya Singh has lodged the first information report on 22.08.2022 against the injured and other persons. Learned counsel appearing on behalf of applicant further submitted that present applicant is posted in the Indian Army as Lance Naik. There are one previous criminal history of the applicant which has been explained in para-9 of the rejoinder affidavit. Learned counsel further submitted that applicant is law abiding citizen and serving in the Indian Army. Since there are several disputes of property between the parties, therefore, he has been implicated in the present case. It is also submitted that after completion of investigation, charge sheet has been filed on

09.09.2024. Applicant is languishing in jail since 23.07.2024. There are very dim chance of completion of trial in near future. It is also undertaken that he will abide by all terms and conditions as imposed by this Court while granting bail. Learned counsel prayed that considering the aforesaid facts and circumstances, the applicant may be enlarged on bail.

3. Per contra, learned A.G.A. appearing on behalf of State vehemently opposed the bail application and contended that as per the injury report, the injured has sustained several injuries and some injuries were sustained by the injured on vital part of the body i.e. neck. It is further submitted that injury sustained by the injured on his neck is grievous in nature but he has not contradicted the other facts as stated above by learned counsel for the applicant.

4. Learned counsel appearing on behalf of informant has also vehemently opposed the instant bail application and submitted that there is no force in the argument made by learned counsel for the applicant that he has been falsely implicated in the said case. Applicant has given the knife injuries to the injured with intention to 2 of 5 kill him. He has also referred the injury report and submitted that mere perusal of the injuries sustained by the injured, it is established that assailant has inflicted injury by knife upon the injured with intention to kill him. Learned counsel further submitted that if the applicant will release on bail, it is high chance that he will not co-operate in trial or may influence the public witnesses in trial. Learned counsel appearing on behalf of informant submitted that in view of the aforesaid facts and circumstances, the instant bail application has no merit and is liable to be dismissed.

5. Heard Sri Sudhanshu Kumar Singh, learned counsel for the applicant, Sri O. P. Mishra, learned A.G.A. appearing on behalf of the State as well as Sri Pradeep Kumar Rai, learned counsel for the complainant and perused the material available on record.

6. The medical report of the injured is appended as Annexure No.2 to the bail application and as per injury report, the injury sustained by the injured are stab injuries caused by the sharp-edged weapon i.e. knife.

7. I have also perused the C.T. Scan report, copy of which is appended as Annexure No. 2 to the counter affidavit filed on behalf of informant and the same is quoted as under:- “NCCT HEAD FACE 3D REPORT (0.6 mm axial sections taken for brain from base of skull to vertex region). SUPRATENTORIAL REGION:- • Bilateral cerebral hemispheres have normal morphology & gray-white matter differentiation. • No deviation of the septum pellucidum seen. • Bilateral basal ganglia, thalami, internal capsule and corpus callosum have normal morphology and attenuation values. • Ventricular system is of normal size, symmetry and configuration. • Fissures, sulci & cisterns appear normal. • Sellar and parasellar regions normally visualized. FACE REGION:- • Fracture left angle and body of mandible. Fracture Occipital bone. • Mild DNS with septal spur left side. 3 of 5 • Bilateral maxillary sinuses - Normal pneumatisation and bony outline; with normal mucosa pattern. • Bilateral oesteomeatal complex - Visualized normally, with normal mucosal outline. • Bilateral frontal, ethmoidal and sphenoidal sinuses Normal pneumatisation and bony outlines. • Bilateral orbits, extraocular muscles, optic nerves - WNL. • Rest of facial bones appear normal. IMPRESSION:- • FRACTURE LEFT ANGLE AND BODY OF MANDIBLE. • FRACTURE OCCIPITAL BONE. • MILD DNS WITH SEPTAL SPUR LEFT SIDE. • ADVISED: CLINICAL CORRELATION/EVALUATION."

8. Taking into consideration the injuries sustained by the injured on his neck is dangerous but not threat to life. I have also perused the statement of the informant who supports the version of the F.I.R. I have also perused the counter and rejoinder affidavit filed by the informant as well as applicant respectively. Applicant is languishing in jail since 23.07.2024 i.e. more than 10 months, one criminal history has been explained, charge sheet has been filed and applicant is permanent resident of address mentioned in the memo of bail application. He is posted as Lance Naik in Indian Army. I have perused all other material on record. There are very dim chance of conclusion of trial in near future. No material has been brought by learned A.G.A. to establish that he will not co-operate in trial or he may influence witnesses in case he will release on bail.

9. Taking into consideration the all entirety of the matter as discussed above, without expressing any opinion on the merits of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed.

10. Let the applicant- Ram Raj Singh @ Sonu who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- and two sureties each in the like amount to the satisfaction of the court concerned subject to following 4 of 5 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.

11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 8.5.2025/AKT (Chandra Dhari Singh,J.) ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad 5 of 5