Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6626

of 2022

Applicant :- Govind Bharati

Opposite Party :- State of U.P.

Counsel for Applicant :- Sudarshan Singh

Counsel for Opposite Party :- G.A.,Brahm Prakash Mishra

Hon'ble Dinesh Pathak,J.

Heard Sri Sudarshan Singh, learned counsel for the applicant,

Sri Brahm Prakash Mishra, learned counsel for the first

informant, learned A.G.A. for the State and perused the record.

The present bail application has been filed by the applicant for

enlarging him on bail in Case Crime No. 3 of 2022, under

Sections 147, 323, 308, 504, 506 IPC, Police Station Phoolpur,

District Varanasi.

As per FIR version, all the five accused including the present

applicant have been named in the FIR with allegation that they,

with common intention, were abusing and threatening for life to

the family members of the first informant. Before giving

information to the police on number 112, they thrashed to the

first informant and his family members with iron rod and stick,

which caused serious injury to Santosh Kumar, who fainted on

the spot. Other family members have also sustained some

injuries.

It is submitted by the learned counsel for the applicant that the

applicant is innocent and has been falsely implicated in the

matter. Learned counsel for the applicant submitted that

common role has been assigned to all the five accused and no

specific role has been assigned to the present applicant in the

incident in question. So far as the injury caused to Santosh

Kumar is concerned, as per medical report, seven injuries were

inflicted on the body of Santosh Kumar out of which only one

injury is on the head, which too appears to be simple in nature.

Injury No. 4 as shown to be inflicted on the head is mentioned

as below:

"(4) Lacerated wound of bone x cm. x 1 cm. present over

occipital area of scalp mild oozing blood present margins

irregular Adv. X-Ray skull"

As per X-Ray report of skull (page No. 35 of the affidavit),

nothing abnormal was detected, which has been indicated in the

medical report as NAD. He further submits that there is nothing

on record to demonstrate or to say conclusively that if the

applicant is enlarged on bail, it would, in any way, affect the

trial of the case. There is no possibility of the applicant of

fleeing away from the judicial process or tampering with the

witnesses and, in case, the applicant is enlarged on bail, the

applicant shall not misuse the liberty of bail. It is also

contended that the applicant is in jail since 6.1.2022 and has no

criminal history. It is further submitted that co-accused

Chandan Bharti, whose case stands on the similar footing, has

already been enlarged on bail by a co-ordinate Bench of this

Court vide order dated 19.4.2022 passed in Crl. Misc. Bail

Application No. 7146 of 2022.

Per contra, learned counsel for the informant and learned AGA

have vehemently opposed the bail application and contended

that innocence of the applicant cannot be adjudicated at pre trail

stage, therefore, he does not deserve any indulgence and there is

likelihood of his involvement in other case. In case he is

released on bail, he may misuse the liberty of bail. He further

contended that several persons including injured Santosh

Kumar sustained wounds in the incident in question, which has

properly been considered by the trial court while rejecting the

bail application of the accused applicant. It is further submitted

that all the seven injuries, as shown in the medical report, are

fatal, therefore, the accused is not entitled to be released on bail.

A perusal of the record reveals that out of seven injuries, only

injury No. 4 has been shown to be inflicted on the skull and,

prima facie, it does not appear to be severe or fatal for life as

shown in the X-Ray report (page 35 of the affidavit). All the

accused have been assigned common role in the incident in

question. No specific role h