Court No. - 8 Case :- BAIL No. - 228 of 2010 Petitioner :- Israr Gazi @ Israq Respondent :- State Of U.P. Petitioner Counsel :- H.B. Singh Respondent Counsel :- Govt.Advocate Hon'ble Ashwani Kumar Singh,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the
F.I.R., injury report and other relevant papers filed in support of the bail
application.
Counter affidavit filed by the State, is taken on record.
The submission of learned counsel for the applicant is that he fired causing
injury to Ram Kishun Maurya. The injured Ram Kishun Maurya received as
many as four injuries, out of which injury no.2 which was lacerated wound 1
cm x 0.75 cm on the left upper jaw, fourth tooth absent, was kept under
observation and was opined by the doctor as grievous injury. The injured was
operated and the supplementary injury report indicates that the injury no.2 is a
stitched wound.
It is contended by learned counsel for the applicant that no case under Section
307 I.P.C. is made out and since the injury no.2 was grievous and the tooth
was dislocated as such, it would be covered by Section 322 I.P.C. None other
injuries were found to be grievous or dangerous to life and at most the case
would fall under Section 324 I.P.C. The applicant is in jail since 30.8.2009, as
averred in para 9 of the bail application.
Considering the overall aspects of the matter and without entering into the
merit of the case, I hereby provide that the applicant, Israr Gazi alias Israq be
released on bail in Case Crime No.848/2009, under Sections 307, 323, 504,
506 I.P.C., P.S. Pisawan, District Sitapur, on his filing a personal bond and
two sureties each in the like amount to the satisfaction of the court
concerned/remand magistrate.
Order Date :- 12.1.2010
Kpy