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2012 DIGILAW 779 (ALL)

BANTOO v. STATE OF U. P.

2012-03-30

SURENDRA KUMAR

body2012
Surendra Kumar, J.;- The first bail application was dismissed in default and second bail application has been filed. 2. The applicant Bantoo in a case under Section 307 I.P.C. Police Station Sirsaganj, District Firozabad has applied for bail. 3. Heard learned counsel for the applicant as well as learned A.G.A for the State. 4. According to the prosecution case, on 27.05.2010 at about 11.45 p.m. in village Nagla Bhajori, the accused and applicant having drunk the wine, abused the complainant's brother. Accused Hippi alias Shiv Kumar caught hold of complainant's brother and another accused Bantoo caused the stabbed wound ( injury) in the abdomen and left shoulder of the complainant's brother with an intent to cause death. Complainant's brother was seriously injured. The F.I.R. was lodged on 28.05.2010 at about 00.30 a.m. The injured was medically examined on 28.05.2010 at about 11.15 a.m. in S.N.M. District-Hospital, Firozabad. 5. As per injury report prepared on 28.05.2010 the following injuries were found:- one stab wound 2.5 c.m. x 0.5 c.m., depth not probed on right hypocondrium, wound has clean cut edge and inverted margins and fresh blood present and one incised wound 2.5c.m. x 0.5 c.m. x muscle deep on left arm was found. 6. It has been submitted by the learned counsel for the applicant that no X-ray report or other supplementary report is on record to show that the injuries ( of incised and stabbed wound) are of grievous nature. 7. Learned counsel for the applicant submitted that the applicant has not been arrested on the spot and the knife which was said to be used in commission of the crime was not recovered from him and in the absence of supplementary report, the injuries may be treated as simple and there was no motive to cause injury to the victim. The applicant is said to be in jail since 28.06.2010 i.e. for about 21 months. 8. Learned AGA has not disputed the aforesaid facts. 9. Considering the facts and circumstances of the case, nature of the evidence coupled with the other factors and without making any comment on merits of the case, it appears to be a fit case for bail. The bail application is allowed. 10. 8. Learned AGA has not disputed the aforesaid facts. 9. Considering the facts and circumstances of the case, nature of the evidence coupled with the other factors and without making any comment on merits of the case, it appears to be a fit case for bail. The bail application is allowed. 10. Let the applicant Bantoo involved in Case Crime No. 271 of 2010, under Section 307 I.P.C., Police Station Sirsaganj, District Firozabad be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned the following conditions. that 1:- The applicant shall not threaten the prosecution witnesses or tamper with the prosecution evidence; 2:-The applicant shall cooperate in the trial of the case without taking unnecessary adjournments.