High Court
Case Details
Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11404 of 2022 Applicant :- Arjun And Another Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Singh,Virendra Singh Counsel for Opposite Party :- G.A.,Pradeep Kumar With Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5137 of 2022 Applicant :- Satyam Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Singh,Virendra Singh Counsel for Opposite Party :- G.A.,Pradeep Kumar Hon'ble Mrs. Sadhna Rani (Thakur),J.
Legal Reasoning
Heard learned counsel for the applicants, learned counsel for the first informant, learned A.G.A. and perused the record. The bail applications under Section 439 Cr.P.C. have been moved by the applicants - Arjun, Gajbheem and Satyam Yadav to enlarge them on bail in Case Crime No. 126 of 2021 under Sections 323, 504, 304 I.P.C., Police Station Sinduriya, District Maharajganj. It is submitted by the learned counsel for the applicant that the incident is dated 30.11.2021. As per evience on record, previously there was an altercation between the parties on the same issue at 2.00 p.m. also. But the FIR has been lodged regarding incident that occurred at 6.00 p.m. on the same day. There is allegation that in the field where the cow dung of first informant was kept, the accused persons tried to keep their 'puwal' when they are refused, all the accused persons started abusing and when it was resisted, they assaulted Indrawati with lathi and danda. When the four daughters of Indrawati came to rescue her, all the four daughters were also assaulted by lathi, danda. All the four daughters and their mother Indrawati got injured. It is submitted that previously, NCR was registered, but later on when the death of Indrawati was caused, it was converted into FIR under Sections 323, 504 and 304 IPC. As per FIR, the assailants were four in number. It is not clear as to who is the author of which injury of the deceased or injured persons. The accused persons also got injured during this incident but when they went to the police station their FIR was not lodged. So they filed an application under Section 156 (3) Cr.P.C., the order has not yet been passed on that application. The attention of the court is drawn towards the injury report of Gajbheem wherein one lacerated wound on his left knee is shown to be caused by hard and blunt object and that injury is found to be simple. It is pointed out that the parties had an enmity regarding the passage on the field. Previously also, there had been altercations between the parties. In this regard on 27th October also an application was given from their side. On that application, the proceeding under Sections 107/116 Cr.P.C. was initiated. Again there was altercation between the parties on 23.11.2021, that day also the application was given by the accused persons. Previously, in the year 2015 from the accused side NCR No. 164 of 2015 was registered under Sections 323, 504 IPC. In that incident Arjun and Sunita had sustained injuries. The injuries of Arjun were found to be simple and regarding Sunita the head injury was suspected. It is argued that though the partition took place amongst the parties but the prosecution party was not honoring that partition. The passage was left for the use of accused persons only. Various applications were given to the authorities but even then the prosecution side was not adhering the partition. Hence, the dispute arose on the date of incident. The applicants Arjun and Gajbheem are languishing in jail since 02.12.2021 and the applicant Satyam Yadav is languishing in jail since 08.09.2021. Hence, prayer for bail is made. The bail application has been opposed by the learned counsel for the first informant. It is argued that the injured and deceased were assaulted when there was no male member in the house. In this altercation four daughters of the deceased were injured and mother of these four daughters died. All the accused persons brutally thrashed the deceased and her daughters with lathi, danda. In this altercation 16 injuries were sustained by Indrawati. Out of these injuries, 03 injuries were found on her skull. Reena got her hand and leg fractured. There is possibility that her leg might be cut. Vimla got her hand fractured. The injury report of Saraswati is not on record. Thus, it is submitted that all the accused persons in the absence of male member of family assaulted all the injured and deceased ladies with a common intention of putting them to death. From the perusal of the record, it is clear that the parties, who are the co-tenure holders had some dispute regarding a passage on the field. Though, in the statements on record, it has come that on the fateful day of 30.11.2021 there was an altercation between the parties at 2.00 p.m. but that was subsided and later on at 6.00 p.m. again on the issue of keeping 'puwal' on the spot the altercation started between the parties. All the named four persons are said to have assaulted Indrawati with lathi, danda and when her four daughters came to rescue her, all of them were also thrashed. As per post mortem, Indrawati sustained 16 injuries including 03 injuries on her skull and she is said to have succumbed as a result of injury no. 5. Reena got her head and leg fractured. Vimla got her hand fractured. The injuries of Reshma were found to be simple. The injury report of Saraswati has not been placed before the Court. Two batons are said to have been recovered at the instance of Arjun and Gajbheem. The injury report shown on behalf of the accused persons is injury report of accused Gajbheem wherein he is shown to have sustained one lacerated wound caused by hard and blunt object, which is found to be simple. Thus, after perusing the record in the light of submission advanced at the bar, taking overall view of the facts and circumstances of the case, the nature of accusation and the period of detention already undergone without commenting on the merit of the case, I do not find it a fit case for bail. The bail applications are hereby rejected. Order Date :- 20.10.2022 gp Digitally signed by GANESH PRAKASH Date: 2022.10.21 17:40:42 IST Reason: Location: High Court of Judicature at Allahabad