High Court
Case Details
Neutral Citation No. - 2025:AHC:15939 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39976 of 2024 Applicant :- Rashid Opposite Party :- State of U.P. Counsel for Applicant :- Neelam Singh,Preet Pal Singh Rathore Counsel for Opposite Party :- Chetan Chatterjee,G.A.
Legal Reasoning
Hon'ble Ashutosh Srivastava,J. Heard Sri Preet Pal Singh Rathore, learned counsel for the applicant, Sri Manoj Kumar Singh, learned AGA for the State- respondents as also Sri Chetan Chantterjee, learned counsel for the first informant and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Rashid, seeking enlargement on bail in Case Crime No. 302 of 2024, under Sections 498-A, 307, 506 of the Indian Penal Code & 3/4 D.P. Act & 3/25, 27(1-B) A Arms Act, Police Station- Sahaswan, District- Budaun. As per the prosecution story set out in the First Information Report, it has been alleged by the first informant that the victim was married with the applicant six years back. In the said marriage, the family of the victim had spent a sum of Rs. 5 lakhs apart from other gifts etc. The family of the applicant frequently taunted the victim for not bringing additional dowry and a four wheeler car in particular. The applicant is stated to have entered into second marriage. It is also alleged that the applicant inflicted gun shot injury upon the victim. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 01.06.2024. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant inviting the attention of this Court to the medico legal report conducted on 01.06.2024, submits that a metallic density of small oblong shadow in soft tissue of right mandible area was seen, but no bony injury was found. Based on the said report, it is submitted that no abnormality was detected. Placing reliance on the X-ray report of the victim conducted in District Hospital, Badaun. Injuries nos. 1, 2, 3 were stated to be simple in nature. It is also submitted that the second medical examination of the victim was carried out in medical collage, Aligarh and as per the said report, injury no. 1 was said to have been caused by fire arm and was reported to be grievous in nature. The injury no. 2 and 3 were stated to have been caused by blunt object and was reported simple in nature. The injury no. 4 was also stated to have been caused by fire arm, but was reported simple in nature. It is further submitted that from the place of incident, empty 315 bore cartridge was recovered from the possession of the applicant and a 315 bore country made pistol is also stated to have been recovered. It has been vehemently argued that the injuries suffered by the victim do not corroborate and support the prosecution case, inasmuch as the injuries reported upon the body of the victim could not be inflicted from a 315 bore and country made pistol. It is vehemently submitted that pellet injuries could be caused from a weapon of 312 bore and not from a 315 bore weapon which demolishes the prosecution story. It is also argued that even otherwise, the injuries suffered cannot be stated to be grievous in terms of Section 320 of I.P.C., inasmuch as the hospitalization of the victim was only for a period of six days and in such view of the matter, no case under Section 307 I.P.C. can be said to be made out and the case would travel maximum under Section 324 I.P.C. Hence bail is prayed for. Per contra, learned AGA in opposition to the bail application has vehemently argued that the victim was harassed and victimized the informant's daughter for demand of dowry and on account of non- fulfillment of the demand of dowry, the applicant opened fire upon the victim and she sustained pallet injuries on her jaw and elbow. The Investigating Officer arrested the accused-applicant and recovered one tamancha of 315 bore and collected credible and concrete evidence showing the complicity of the accused- applicant. The chargesheet has been submitted on 30.08.2024 against the applicant and cognizance has already been taken by the learned Magistrate. Learned counsel for the first informant, besides reiterating the submissions made by learned AGA, has submitted that the recovery of the fire arm 315 bore along with cartridge establishes the offence alleged against the applicant. The statement of the witnesses also establish the fact that the applicant had opened fire upon the victim within the premises of the house of the applicant causing the injuries to the body of the victim. The injuries inflicted upon the body of the victim clearly establishes the intention of the applicant to kill the victim and in such view of the matter, offence under Section 307 is made out. It is also argued that to make out an offence under Section 307, it is only the intention which is to be seen and the fatalities of the injuries suffered cannot be a ground for determining the gravity of the offence. It is accordingly prayed that the bail application be rejected. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, period of incarceration, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Rashid, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 5.2.2025 Anjali Digitally signed by :- Digitally signed by :- ANJALI SHARMA ANJALI SHARMA High Court of Judicature at Allahabad High Court of Judicature at Allahabad