Ravindra Maithani, J
1. Applicant is in judicial custody in FIR No.110 of 2024, under Sections 307 and 506 IPC, Police Station Sahaspur, District Dehradun. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. According to the FIR, 04.04.2024, at 8:30 PM, when the informant was returning to his home, at a shop, he was talking to the shopkeeper. Suddenly, the applicant along with co-accused came, armed with iron rods and hit him on his head, due to which he sustained serious injuries on his head and got 8 stitches. The FIR records that the applicant also threatened the informant to life.
4. Learned counsel for the applicant would submit that the injuries were simple; there was no intention, as such; it is highly improbable that a person would come to kill someone along with his elderly mother; there is discrepancies in the statements of the witnesses; as per the FIR and the statement of the victim, without any conversation, straightway, the applicant hit the informant on his head, whereas, the witnesses have stated that when the applicant along with co-accused reached at the place of incident, there ensued an altercation, and, thereafter, the victim was hit on his head.
5. Learned State Counsel would submit that it is a case of head injury, which was inflicted with a deadly weapon like iron rod; there was enmity between the parties. Therefore, the intention is clear.
6. It is a stage of bail. Much of the discussion is not expected of. Arguments are being appreciated with the caveat that any observation made in this order shall have no bearing at any subsequent stage of the trial, or in any other proceeding.
7. While considering bail, various factors are taken into consideration, i.e. the nature of offence, of course the injuries, the relationship between the parties, the manner in which the incident took place, chances of fleeing from justice, chances of tampering with evidence, etc. There may not be a straight jacket formula as to under what circumstances bail may be granted.
8. Insofar as the offence under Section 307 IPC is concerned, intention and knowledge are two such ingredients of it, which are to be taken into consideration.
9. The victim has stated that a few days before the incident, the applicant had some dispute with the informant. The informant was then threatened to life. The victim has categorically stated that it is the applicant alone, who hit him on his head. There was a wound in the head. It is stated that the informant received 8 stitches on his head.
10. Having considered, this Court does not see any ground, which may entitle the applicant to bail. Accordingly, the bail application deserves to be rejected.
11. The bail application is rejected.
