DALVEER Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard over bail application moved by applicant Dalveer to release him on bail in Case Crime No. 211 of 2020, under sections 323, 324, 308 IPC, Police Station Gangiri, District Aligarh.

(2.) Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.

(3.) Learned counsel for the applicant argued that the applicant is innocent and he has been falsely implicated in this very case crime number. Applicant is in jail since 18.11.2020 and there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Applicant is of no criminal antecedents. He was not arrested on the spot nor was there any recovery from him. Co-accused Mandeep has been enlarged on bail by trial court itself. The head injury being said to be suffered by injured was said to be caused by applicant whereas the other two accused also has been said to have given assault by Lathi and Danda who was author of present injury resulting head injury was not specified in the statement recorded under sections 161 and 164 Cr.P.C. Hence bail has been prayed for during trial. Learned AGA has vehemently opposed the bail application with this contention that role of giving assault by spade is specifically against the applicant and head injury has been assigned to applicant itself.