High Court
Case Details
-1- RAJ KUMAR 2025.11.12 16:43 I attest to the accuracy and integrity of this document/judgment -2- earned counsel for the petitioner ha submitted that the ned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case. He submits petitioner has been falsely implicated in the present case. He submits petitioner has been falsely implicated in the present case. He submits petitioner has been falsely implicated in the present case. He submits RAJ KUMAR 2025.11.12 16:43 I attest to the accuracy and integrity of this document/judgment -3- that though the petitioner has been alleged to be the part of the that though the petitioner has been alleged to be the part of the that though the petitioner has been alleged to be the part of the that though the petitioner has been alleged to be the part of the admitted case of the prosecution unlawfully assembly, however, it is the admitted case of the prosecution admitted case of the prosecution unlawfully assembly, however, it is the that the petitioner was armed with a stick. He submits that the petitioner that the petitioner was armed with a stick. He submits that the petitioner that the petitioner was armed with a stick. He submits that the petitioner that the petitioner was armed with a stick. He submits that the petitioner has been alleged to have given stick blow on the ankle and the right leg has been alleged to have given stick blow on the ankle and the right leg has been alleged to have given stick blow on the ankle and the right leg has been alleged to have given stick blow on the ankle and the right leg ally corroborated. It is of the deceased. However, the same is not medically corroborated. It is of the deceased. However, the same is not medic of the deceased. However, the same is not medic submitted that the cause of death was given by the Doctor is head injury submitted that the cause of death was given by the Doctor is head injury submitted that the cause of death was given by the Doctor is head injury submitted that the cause of death was given by the Doctor is head injury i.e. cerebral hemorrhage. He thus submits that the case of the petitioner i.e. cerebral hemorrhage. He thus submits that the case of the petitioner i.e. cerebral hemorrhage. He thus submits that the case of the petitioner i.e. cerebral hemorrhage. He thus submits that the case of the petitioner is distinguishable from that of the co-accused. He is behind is distinguishable from that of the co bars accused. He is behind the bars since the date of his arrest i.e. 23.05.2023 since the date of his arrest i.e. and thus has completed 3.05.2023 and thus has completed two and half years. He submits that the petitioner incarceration of about two and half years. He submits that the petitioner two and half years. He submits that the petitioner incarceration of has no criminal antecedents as he has never been involved in any other has no criminal antecedents as he has never been involved in any other has no criminal antecedents as he has never been involved in any other has no criminal antecedents as he has never been involved in any other
Legal Reasoning
case of similar nature. To buttress his arguments learned counsel for the case of similar nature. To buttress his arguments learned counsel for the case of similar nature. To buttress his arguments learned counsel for the case of similar nature. To buttress his arguments learned counsel for the titioner has contended before this court that the complainant has petitioner has contended before this court that the complainant has titioner has contended before this court that the complainant has titioner has contended before this court that the complainant has already been examined and two other alleged eye witnesses are already been examined and two other alleged eye witnesses are already been examined and two other alleged eye witnesses are already been examined and two other alleged eye witnesses are repeatedly absented from the court as they are said to have gone abroad. repeatedly absented from the court as they are said to have gone abroad. repeatedly absented from the court as they are said to have gone abroad. repeatedly absented from the court as they are said to have gone abroad. He thus submits that in the facts and circumstances th He thus submits that petitioner be in the facts and circumstances the petitioner be granted concession of bail. granted concession of bail. opposed the prayer made by the Learned State counsel has opposed the prayer made by the opposed the prayer made by the . petitioner. She submits that the petitioner is not only specifically named petitioner. She submits that the petitioner is not only specifically named petitioner. She submits that the petitioner is not only specifically named petitioner. She submits that the petitioner is not only specifically named in the FIR, however, he has played active roll. She submits that the in the FIR, however, he has played active roll. She submits that the in the FIR, however, he has played active roll. She submits that the in the FIR, however, he has played active roll. She submits that the sence of the petitioner at the spot is duly established and he had presence of the petitioner at the spot is duly established and he had sence of the petitioner at the spot is duly established and he had sence of the petitioner at the spot is duly established and he had caused injuries as well to the deceased with the stick he was armed with. caused injuries as well to the deceased with the stick he was armed with. caused injuries as well to the deceased with the stick he was armed with. caused injuries as well to the deceased with the stick he was armed with. She, on instructions on instructions, submits that out of 28 witnesse been that out of 28 witnesses only 02 have been by the learned State counsel, examined. The custody certificate filed by the learned State counsel, examined. The custody certificate filed examined. The custody certificate filed which is taken on record. which is taken on record. RAJ KUMAR 2025.11.12 16:43 I attest to the accuracy and integrity of this document/judgment -4- . After hearing learned counsel for the parties and perusing After hearing learned counsel for the parties and perusing After hearing learned counsel for the parties and perusing the record, it is deciphered that the petitioner is behind bars since the record, it is deciphered that the petitioner is behind bars since the record, it is deciphered that the petitioner is behind bars since the record, it is deciphered that the petitioner is behind bars since The petitioner was allegedly armed with the stick and 23.05.2023. The petitioner was allegedly armed with the stick and The petitioner was allegedly armed with the stick and 23.05.2023 - caused injuries on the legs and hands of the deceased. As per the post caused injuries on the legs and hands of the deceased. As per the post- caused injuries on the legs and hands of the deceased. As per the post mortem report the cause of death was cerebral hemorrhage mortem report the cause of death was . The custody cerebral hemorrhage. The custody ears 05 months certificate of the petitioner shows his custody to be 02 years 05 months certificate of the petitioner shows his custody to be 02 y certificate of the petitioner shows his custody to be 02 y and 15 days. The custody certificate further shows that there is one more and 15 days. The custody certificate further shows that there is one more and 15 days. The custody certificate further shows that there is one more and 15 days. The custody certificate further shows that there is one more case pending against the petitioner under Section 52A of the Prisons Act. case pending against the petitioner under Section 52A of the Prisons Act. case pending against the petitioner under Section 52A of the Prisons Act. case pending against the petitioner under Section 52A of the Prisons Act. two Three witnesses, including the complainant stand examined, the two Three witnesses, including the complainant stand examined, the Three witnesses, including the complainant stand examined, the other alleged eye witnesses, are said to have gone abroad other alleged eye witnes are said to have gone abroad. RAJ KUMAR 2025.11.12 16:43 I attest to the accuracy and integrity of this document/judgment -5- RAJ KUMAR 2025.11.12 16:43 I attest to the accuracy and integrity of this document/judgment -6- RAJ KUMAR 2025.11.12 16:43 I attest to the accuracy and integrity of this document/judgment