JAGVEER SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for applicant and learned A.G.A. through video conferencing.

(2.) This bail application under Section 439 of Code of Criminal Procedure is filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 367 of 2020, under Sections 307, 506 I.P.C., Police Station - Adarsh Mandi Shamli, District - Shamli.

(3.) Learned counsel for the applicant submits that it is a case where the allegation levelled against the applicant is of firing with illegal country-made pistol, on complainant, which missed. Further allegation is that he assaulted the brother of informant causing single knife injury in the abdomen. He further points out that according to injury report, it was incised wound of size 2 c.m. x 1 c.m. x depth, not probe on front of abdomen, 4 c.m. below from umbilicus. He also points out that injured was referred to the Surgeon and as per the statement of doctor, only a dressing and supporting treatment was provided. In substance, submission is that it is not such bodily injury which is likely to cause death. It is further submitted that criminal history of two cases of applicant is explained in paragraph 10 wherein after trial, applicant was acquitted. Learned counsel lastly submits that applicant is innocent and is languishing in jail since 28.12.2020 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.