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Allahabad High Court · body

2015 DIGILAW 1513 (ALL)

Jitendra Kumar v. State of U. P.

2015-06-09

V.K.SHUKLA

body2015
JUDGMENT V.K. Shukla, J. Heard learned counsel for the applicant, learned Additional Government Advocate and perused the record placed before me. 2. Jitendra Kumar son of Rajendra Kumar, is before this Court with a request to enlarge him on bail in Case Crime No. 340 of 2015, under Sections 323, 324, 308, 506 I.P.C., Police Station Baghpat, District Baghpat. 3. From the side of the applicant, it has been contended that in the present case the incident in question has taken place on spur of moment, as is reflected from the story that has been so narrated in the first information report and the injured is one of the passengers of the bus in question and further submission is that the injuries received by the injured person are not so serious in nature that could have resulted in death and as no internal damage whatsoever has been caused, the applicant deserves to be enlarged on bail. 4. Learned A.G.A. in the present case has submitted that an innocent passenger has been attacked by the applicant and conductor of the bus and as such bail in question should not be accorded. 5. The record in question has been perused and from the record it is reflected that injured person prima-facie intended that the bus in question should stop at a place which is not halting place and in the said direction altercation took place and due to this injured person has received injury. Out of injuries that has been so caused, injury no. 1 is on the occipital bone and rest of the injuries are not on the vital parts of the body. 6. Once such is the factual situation that there is an injury on the head of the injured and the rest are on the non vital part of the body and the said injuries prima-facie has not been found grievous in nature. 7. In view of this, let Jitendra Kumar son of Rajendra Kumar, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 340 of 2015, under Sections 323, 324, 308, 506 I.P.C., Police Station Baghpat, District Baghpat with the following conditions: - (i) The applicant will continue to attend and cooperate in the trial pending before the court concerned on the date fixed after release. (ii) The applicant will not tamper with the witnesses. (iii)The applicant will not indulge in any illegal activities during the bail period. In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.