Court No. - 18 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33664 of 2009 Petitioner :- Hameed And Another Respondent :- State Of U.P. Petitioner Counsel :- R.B. Islam,Ram Lakahn Deobanshi Respondent Counsel :- Govt. Advocate Hon'ble Virendra Singh,J.
By means of the present bail application, the applicants have prayed for releasing
the applicants Hamid and Shahid on bail in Case Crime No. 194 of 2008 under
Sections 326, 324, 323, 504, 506 IPC, Police Station New Area, District Pilibhit.
Heard learned counsel for the applicants and learned AGA on behalf of the State of
U.P.
As per prosecution case, the accused-applicants are involved in a case of
voluntarily causing grievous injury by dangerous weapons to the injured, namely
Miraj Ahmad up to the extent of rib fracture and five injuries on his person inflicted
by lathi, danda and knife, for which it is contended that the accused-applicants are
innocent and have been falsely implicated in this case.
It is further submitted that earlier the accused-applicants were enlarged on bail by
the Investigating Officer. The alleged factrue is said to have occurred due to injury
no. 2 described in the medical report as incised wound of 6 cm x 0.5 cm x tissue
deep on right side of the chest, which is impossible, seeing the nature of the incised
wound merely to the extent of tissue deep.
It is further submitted that initially lathi and danda is said to have been used as
weapons and later on the case was developed of a knife.
After having perused the injury report, in the light of the contentions of both the
parties and after perusing the evidence on record, I am of this view that since the
case is triable by Magistrate and the alleged fracture in the rib does not correspond
to the injury no. 2 in the medical report, the accused/applicants may be enlarged on
bail in the aforesaid case.
Therefore, this bail application is hereby allowed.
Let the applicants Hamid and Shahid be released on bail in Case Crime No. 194 of
2008 under Sections 326, 324, 323, 504, 506 IPC, Police Station New Area,
District Pilibhit on furnishing their personal bonds with two sureties, each in the
like amount to the satisfaction of the court concerned, subject to the following
conditions: –
1. That such persons shall attend in accordance with the conditions of the bond
executed.
2. That such person shall not commit an offence similar to the offence of which he
is accused, or suspected, of the commission of which he is suspected, and
3. That such person 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 officer or tamper with the
evidence.
Order Date :- 3.2.2010
Jaideep/-