Allahabad High Court
Madan Lal vs State Of U.P. on 23 November, 2016
Bench: Harsh Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 26
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31165 of 2016
Applicant :- Madan Lal
Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Mathur,Raj Kumar Khanna
Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar, J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contended that applicant has been falsely implicated due to election rivalry as the applicant contested election against the first informant, but lost; that regarding alleged incident of 5:30 p.m. on 17.03.2016, N.C.R was lodged by the first informant / injured - Bhupal Singh at 7:45 p.m and medical of injuries of first informant was conducted at Community Health Center, Behjoi, District - Sambhal at 8:15 p.m; that as per description of injuries in injury report at page 26 of Annexure No. 4, no visible injury was mentioned on the right eye while he was referred to District Hospital; that thereafter the first informant is alleged to have approached the District Hospital on 19.03.2016, wherein in report at page 28, N.A.D was mentioned in his both eyes; that at the bottom of the medical report of District Hospital, Sambhal, at page 28 after thumb impression of the patient and signature of Doctor / Medical Officer, an opinion has been added subsequently mentioning loss of vision upto 90% in right eye with reference to higher authorities; that after the medical examination at District Hospital on 19.03.2016 annexed at page 28, the first informant has obtained a supplementary report from the same Medical Officer of Community Health Center, Behjoi, on 08.05.2016 again after a period of more than one and half month (who had conducted his medical on 17.03.2016) about the loss of vision upto 90% in right eye, which shows the maneuverings of the first informant; that the real fact is that after obtaining the report from the Medical Officer, Community Health Center, Behjoi, on 08.05.2016 at page 30/32, the opinion at the foot of page 28 previous report of District Hospital, Moradabad, has been got added by exerting undue influence on the Medical Officer of District Hospital, as is clear from the fact that above opinion has been mentioned below the thumb impression of the patient and signature of the Medical Officer and moreover despite reference for Higher Medical Center the first informant has not approached any higher medical center rather has approached back to Community Center less equipped hospital, for treatment; that the applicant has been falsely implicated alongwith two sons due to election rivalry; that applicant has no previous criminal history and has been falsely implicated in the present case; that the applicant undertakes that he will not make misuse the liberty of bail; that the applicant is in custody since 22.06.2016.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant ? Madan Lal be released on bail in Case Crime No. 346 of 2016, under Sections 323, 326, 504, 506 of I.P.C., Police Station ? Behjoi, District ? Sambhal / Moradabad, on furnishing a personal bond and two (one local) sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
i. The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii. The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
iii. The applicant will not indulge in any unlawful activities.
iv. The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 23.11.2016
Vinod.
