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ALLAHABAD HIGH COURT
MANTU RAJAK ALIAS RAJENDRA – Appellant
Versus
State – Respondent
BAIL/21721/2022
BAIL - SECTION 307 IPC - [APPLICANT GRANTED BAIL WHERE THE INJURIES SUSTAINED BY THE VICTIMS WERE NOT GRIEVOUS AND THE APPLICANT'S COMPLICITY WAS DOUBTFUL]
Fact of the Case:
The applicant was arrested for allegedly committing obscene acts with the informant and her niece during Holi celebrations and assaulting them and their family members when they objected. The FIR initially included sections 294, 323, 504, 506, 308, and 34 IPC, but section 307 IPC was added later.
Finding of the Court:
The court found that the injuries sustained by two of the victims were simple in nature, and the third victim's injury was on a non-vital part. The court also noted that the applicant's name was not mentioned in the initial statements of two of the injured witnesses and that his complicity in the incident appeared doubtful.
Issues: Whether the applicant should be granted bail considering the nature of the injuries sustained by the victims and the applicant's alleged involvement in the incident.
Ratio Decidendi: The court held that the applicant was entitled to bail as the injuries sustained by the victims were not grievous, the applicant's complicity in the incident was doubtful, and he had been in jail since March 2022. The court also considered the fact that similarly placed co-accused persons had already been granted bail.
Final Decision: The court allowed the bail application and directed the applicant to be released on bail on furnishing a personal bond and two sureties.
Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21721
of 2022
Applicant :- Mantu Rajak Alias Rajendra
Opposite Party :- State of U.P.
Counsel for Applicant :- Arvind Kumar,Amit Daga
Counsel for Opposite Party :- G.A.,Nanhe Lal
Tripathi,Rakesh Kumar Pandey
Hon'ble Sameer Jain,J.
Heard Sri Amit Daga, learned counsel for the applicant; Sri
Rakesh Kumar Pandey, learned counsel for the informant and
Dr. S.B. Maurya, learned AGA-I for the State-respondent.
The instant application has been filed seeking release of the
applicant on bail in Case Crime No. 158 of 2022, under
Sections 147, 148, 149, 323, 504, 506, 34, 294, 307, 354 & 325
IPC, Police Station Kotwali Lalitpur, District Lalitpur, during
pendency of the trial in the court below.
The FIR of the present case was initially lodged under section
294, 323, 504, 506, 308, 34 IPC but subsequently, sections 307
IPC was added. According to the FIR applicant alongwith his
two sons and 7-8 unknown persons did obscene act with the
informant and her niece on the festival of holi and when
informant and her family members including her husband
objected then they badly beaten them and due to the assault
made by applicant and others three persons sustained injuries
including husband of informant.
Learned counsel for the applicant submitted that although there
is allegation against the applicant that he alongwith his two sons
and 7-8 other persons made assault upon the husband of
informant and two others and in the incident, they sustained
injuries but from perual of the injury report of injured persons,
namely, Ved Prakash and Akshay, it appears that their injury
were simple in nature except one injury of Akshay which was
found on non vital part, i.e. on index finger. He further
submitted that although injury sustained by the husband of the
informant was found serious in nature and he also remained in
hospital but from the perusal of the statement of the witnesses
including injured witnesses it appears that no specific role has
been assigned to the applicant and his complicity in the present
matter appears to be doubtful. He further submitted that two
injured persons, namely, Ved Prakash and Akshay did not even
disclose the name of the applicant in their first statements and
although 3rd witness, the husband of the informant Narendra
Katare disclosed the name of the applicant but in very casual
manner and it is hard to believe that a father with his two sons
will try to did some obscene act with some girls during the
festival of holi. He further submitted that even during
investigation, statements of some eye witnesses were recorded
but they although disclosed the name of the applicant but no
specific allegation has been made against the applicant and only
general role has been assigned to all the accused.
He further submitted that similarly placed co-accused persons,
namely, Anand Srivas and Rinku @ Ankit has already been
granted bail by the co-ordinate bench of this Court on
12.12.2022 and 29.11.2022, respectively and bail orders of both
the accused persons have already been annexed with annexure-
1 to the rejoinder affidavit. He further submitted that although
applicant is having criminal history of Gambling Act but in that
case he has already been released on bail and in the present
matter, he is in jail since 22.3.2022.
Per contra, learned AGA and learned counsel for the informant
opposed the prayer for bail and submitted that applicant
alongwith more than 10 persons made assault upon the injured
persons and due to the assault made by them, three persons
sustained injuries and their injury report shows that they
sustained as many as 5 to 6 injuries. Although both the counsels
could not dispute the fact that injury sustained by injured Ved
Prakash and Akshay were not found grievous and even one
injury which was found serious in nature of Akshay it was on
his index finger and ther
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