High Court
Case Details
Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15537 of 2022 Applicant :- Nandu @ Nand Kishore Opposite Party :- State of U.P. Counsel for Applicant :- Kamlesh Kumar Dwivedi,Adesh Kumar,Shobit Chaudhary Counsel for Opposite Party :- G.A.,Sanjay Singh and Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18298 of 2022 Applicant :- Rishi Opposite Party :- State of U.P. Counsel for Applicant :- Mashaluddin Shah,Kiran Tiwari,Mahesh Chandra Tiwari Counsel for Opposite Party :- G.A.,Sanjay Singh Hon'ble Sanjay Kumar Singh,J. Both the above cases are connected and arising out of same case crime number, as such, they are taken up together and are being decided by means of this common order.
Legal Reasoning
Heard learned counsel for the applicants in both the above cases, Mr. Rabindra Kumar Singh, learned Additional Government Advocate representing the State and learned counsel appearing on behalf of the first informant. By means of this application under Section 439 of Cr.P.C., applicants-Nandu @ Nand Kishore and Rishi, who are involved in Case Crime No. 02 of 2022, under Sections 147, 148, 149, 323, 504, 506, 302, 34 IPC, Police Station Mansukhpura, District Agra, seeks enlargement on bail during the pendency of trial. As per prosecution case, in brief, informant who is father of the deceased has lodged an FIR on 11.01.2022 at 23:58 hours with regard to an incident which took place on the same day i.e. 11.01.2022 at 18:00 hours against six named accused persons namely Akash, Amrish, Ram Kishor, Saurabh, Rishi and Nandu alleging inter-alia that his son was going out of house for some work. On the way accused persons who were already ambushed there due to old enmity badly beaten him by lathi-danda. F.I.R. Further alleges that hearing his son's cry, seeing the villagers coming the accused person extending threat ran away. He was taken to local hospital-CHC, Pinahat but considering his condition serious, he was referred to S.R.N. Medical College, Prayajraj. On reaching there he was declared brought dead by the doctor. It is argued by learned counsel for the applicants that though in the FIR informant claims himself to be an eye witness of the incident whereas he has not received any injury which shows that he was not present at the spot. General role of assault has been attributed to all the six accused persons and in the FIR, no motive has been assigned to the present applicants. It is next argued that when the statement under Section 161 Cr.P.C. of the informant was recorded, he has also taken the name of four other persons namely Rajpal, Vijay Singh, Karua and Bhola stating that they were also involved in the murder of his son Om Prakash. It is pointed out that after investigation, similarly situated co-accused Bhola, Akash, and Amrish have been exonerated by the investigating ofÏcer. In the post mortem report only only one fatal injury was found on the head of the deceased and it is not clear that who was the author of the said fatal injury, therefore, applicants who are languishing in jail since 26.01.2022 are entitled to be released on bail. Per-contra learned A.G.A. for the State as well as learned counsel for the informant opposed the prayer for bail of the applicants by contending that there is specific allegation of the informant against the named accused persons including the present applicants that they due to old enmity badly beaten his son by lathi-danda. Referring the post-mortem report of the deceased, it is pointed out that four injuries have been found on vital part of the body of the deceased. Injury no. 1 was in the nature of traumatic swelling found over right temporal parietal occipital region; injury no. 2 was in the nature of lacerated wound found over right side of ear; injury no. 3 was in the nature of anterior traumatic swelling found over right side of mandibular region and angle of jaw region and injury no. 4 was in the nature of abrasion found over right forehead region and all the injuries are fatal and are sufÏcient to cause the death of the deceased. It is also pointed out that bail application of co-accused Saurabh, under similar accusation, has been rejected by the co-ordinate Bench of this Court vide order dated 10.10.2022 in Criminal Misc. Bail Application No. 18423 of 2022. Having heard learned counsel for the parties and examined the matter in its entirety, I find that deceased has received multiple injuries on his vital part of the body as noted above which were sufÏcient to cause his death and the same are corroborated from the prosecution case. As per post- mortem report of deceased the cause his death is "due to coma as a result of ante mortem injury". Lathi has been recovered on the pointing out of accused- Rishi. So far as the submission of learned counsel for the applicant that there was no motive against the applicants is concerned, I find that the same is mentioned in the FIR. It is well settled that FIR is not an encyclopedia of every minute events of the incident. Purpose of F.I.R is to set the criminal law in motion, if cognizable offence is made out. It is a human nature that when many people beat someone one all of sudden by lathi-danda, people try to save him instead of trying to see that which injuries was caused by whom, which is a subject matter of trial. Bail of co-accused Saurabh, has been rejected as noted above. The offence is heinous in nature. Considering the overall facts and circumstances of the case as well as keeping in view the submissions advanced on behalf of parties, gravity of offence, role assigned to applicants, nature of injury and severity of punishment, I do not find any good ground to release the applicants on bail. Accordingly, the bail applications of accused applicants-Nandu @ Nand Kishore and Rishi, are rejected. It is made clear that the observation contained in the instant order is confined to the issue of bail and shall not affect the merit of the trial. Order Date :- 15.3.2023 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad