Bail to two rejected after commuter gets six stitches during fight on local train

'Injured person's discharge no ground for granting bail,' says Sessions Court

On October 4, the complainant had entered into a Goregaon slow local train at Dadar to go to Santacruz. (Credit: Pexels)

Stating that an injured person’s discharge from hospital cannot be grounds for granting bail, a sessions court rejected the bail application of two men who got into a scuffle on a crowded local train that injured a commuter and required him to take six stitches.

On October 4, the complainant had entered into a Goregaon slow local train at Dadar to go to Santacruz. When the train reached Santacruz, passengers sought space to get down but due to the rush on the train, they could not alight. Due to this, a fight broke out between two passengers, as a result of which the complainant sustained a head injury that required six stitches. The police intervened and filed a complaint against the two passengers.

The two accused—Naushad Ahmed (20) and Ramsurat Roy (35)—were booked under Section 115 (voluntarily causing hurt) and Section 118 (voluntarily causing hurt or grievous hurt by dangerous weapons or means) of the Bharatiya Nyaya Sanhita. The accused have already been in jail for over a month.

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The accused had submitted that they are poor labourers and have been falsely implicated in the case. They also submitted that the complainant had suffered a simple injury and was already discharged from the hospital. The prosecution opposed their bail pleas citing that the complainant had suffered an injury and the probe is at an initial stage.

In the order rejecting their bail pleas on November 1, Additional sessions judge Prashant C Kale said that the complainant being discharged from the hospital cannot be the sole ground for releasing the accused from jail.

“There are serious accusations against the accused persons. The injured in this case is discharged. However, discharge of injured from hospital cannot be the sole ground for releasing applicants on bail. As per
the police papers, the injury caused to the informant is grievous and,the same was caused on a vital part of the body,” the court said.

It added that a weapon used to attack the complainant was also recovered from the accused. It said the accused cannot be granted bail as the case is at a preliminary stage of the probe.

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