RAVINDRA MAITHANI
Akeel alias Bhuttu – Appellant
Versus
State of Uttarakhand – Respondent
Certainly. Based on the provided legal document, the key points are as follows:
The court emphasized that the identification of the accused and the nature of injuries are critical factors in bail considerations under the Indian Penal Code (!) .
The applicant was in judicial custody for an incident involving a sharp weapon attack on the informant's family, causing injuries and property damage, with the FIR filed the day after the incident (!) (!) .
The applicant's counsel argued that no specific role was assigned to him in the FIR, and highlighted issues regarding the injury reports and the timing of medical examinations, suggesting that the case may be suitable for bail (!) .
The prosecution's counsel maintained that the applicant was responsible for inflicting injuries with a gandasa, and that the case was not fit for bail given the severity of the injuries and evidence (!) (!) .
The medical evidence indicated serious injuries, including a subdural haemorrhage, with expert opinions suggesting a potentially life-threatening condition, despite some reports indicating the injury was simple (!) .
The injured party explicitly stated that the applicant hit his head with a gandasa, which contributed to his unconsciousness, although this detail was not in the FIR (!) .
The court concluded that there were no grounds to grant bail, considering the severity of the charges, the evidence of injuries, and the identification of the applicant as the assailant, leading to the rejection of the bail application (!) (!) .
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JUDGMENT :
RAVINDRA MAITHANI, J.
1. Applicant is in judicial custody in Case Crime No. 1108 of 2022, under Sections 147, 148, 149, 307, 452, 323, 325, 504, 506, 354, 336, 427 IPC, Police Station Kotwali Manglore, District Haridwar. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. According to the FIR, on 24.09.2022, at 10:30 p.m., the applicant alongwith the co-accused entered into the house of the informant armed with sharp edged weapon and attacked various persons in the family, due to which, many persons got injured. They also damaged the property of the informant and threatened them to life. Police was called.
4. Learned counsel for the applicant would submit that no specific role assigned in the FIR to the applicant, whereas the FIR was lodged on the next day of the occurrence. He would submit that the injured Husnain was admitted in the Roorkee Hospital, but till 12.10.2022, there was no injury on his head. The Medical Board has opined that the injury was simple in nature subject to neurologist opinion. He would submit that neurologist has also not given any definite finding. Learned counsel would also submit that the injured H
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