Order

06/09/2024

1. This bail application has been filed by the accused-petitioner against the order dated 11.06.2024 passed by Sessions Judge, Bharatpur under Section 439 of the Cr.P.C. in connection with FIR No. 110/2024, registered at Police Station Lakhanpur, District Bharatpur for the offences under Sections 323, 341 & 143 and later on under Section 307 and 504 of the IPC by which the bail application of the accused-petitioner under Section 439 of Cr.P.C.

has been dismissed.

2. Learned counsel for the accused-petitioner submitted that the accused-petitioner has falsely been implicated in this case. Learned counsel further submitted that as per the version of the FIR, allegation of causing injuries to injured Sukhveer and Mohan Singh has been levelled against Bunty, Atul, Archana, Bhagwan Singh and his relatives Chandrapal, Mahesh, Pappu, Maakhan, Babli, Shashipal and two other persons also. However, chargesheet has been filed only against the accused-petitioner Atul Kumar and Chander Pal and one juvenile. The other persons named in the FIR have not been found accused in the present case. He further submitted that as per the medical report of injured Sukhveer and Mohan Singh only one injury by blunt weapon has been found on the skull of the injured Sukhveer and only one injury by blunt weapon is found on the head of the injured Mohan Singh. He further submitted that after ex-ray report injuries caused to Sukhveer has been found to be grievous in nature but not dangerous to life. He further submitted that the injury caused to Sukhveer has not been specifically attributed to the present accussed-petitioner. The accused-petitioner is 19 years of age and was arrested on 21.05.2024. The charge-sheet has been filed. He also submitted that there was no intention to kill and only one injury has been found on the body of the injured, which was not attributed to the accused-petitioner. Therefore, the accused-petitioner be granted benefit of bail.

3. Learned Public Prosecutor assisted by learned counsel for the complainant while vehemently opposing this bail application submitted that the grievous injury caused to injured Sukhveer was dangerous to life because U-shaped injury has been found on the skull of the injured Sukhveer, therefore, the accused-petitioner not be released on bail.

4. Heard learned counsel for the accused-petitioner and learned Public Prosecutor and also perused the material available on record.

5. The accused-petitioner at the time of his arrest was 19 years of age and there is no criminal case pending against the accused- petitioner. No specific allegation of causing such grievous injury to Sukhveer Singh has been attributed to accused-petitioner. Charge-

sheet has been filed and trial will take long time to conclude.

6. Having regard to the facts and circumstances of the case and considering the fact that charge-sheet has been filed and trial will take long time to conclude and looking to the age of the accused- petitioner, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application filed by the petitioner.

7. Consequently, this bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that accused-petitioner Atul Kumar S/o Jalsingh, arrested in FIR No. 110/2024, registered at Police Station Lakhanpur, District Bharatpur shall be released on bail; provided he furnishes personal bond in the sum of Rs.1,00,000/- and two solvent sureties of Rs.50,000/- each to the satisfaction of the trial Court. Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

(ASHUTOSH KUMAR),J TANISHA /131

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