High Court
Case Details
Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39564 of 2021 Applicant :- Sandeep Pasi Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar,Satyendra Narayan Singh Counsel for Opposite Party :- G.A.,Yogendra Nath Ram Hon'ble Mohd. Faiz Alam Khan,J.
Legal Reasoning
Heard Shri Satyendra Narayan Singh and Shri Anil Kumar Shukla, learned counsels for the accused/applicant, Shri Narendra Kumar holding brief for Shri Yogendra Nath Ram, learned counsel for the informant as well as learned AGA for the State and perused the record. This bail application has been moved by the accused/applicant- Sandeep Pasi for grant of bail, in Case Crime No. 797 of 2018, under Sections 147, 148, 149, 302, 506 and 34 IPC and 7 Criminal Law Amendment Act, Police Station Dhoomanganj, District Allahabad, during trial. The perusal of the record would reveal that as per the version of the first information report, which was lodged by one Ragghu Yadav on 12.6.2018 at 22.20 hours at Police Station Dhoomanganj, District Allahabad against 10 named and 8-10 unknown persons stating that these persons had assaulted the son of the informant (deceased Sonu Yadav) by firing gun shots and when the deceased, in order to save himself, took shelter in the house of one Ram Autar Prajapati the accused persons after breaking the door had dragged the deceased out of house and committed murder of him by firing indiscriminate gun shots. It is also stated that two daughters of the informant, namely, Reshma Yadav and Sunny Yadav had seen the incident and the accused persons have also threatened them. Live crude bombs and cartridges have also been recovered by the police from the spot where his son was done to death. In the postmortem report of the deceased one abrasion on left upper chest, one lacerated wound on right side of skull, one gutter injury on left side back of neck and six firearms wounds of entry were found on right eye, right upper neck, chest cavity, lower chest and on mid arm while two fire arm exit wounds were found on right upper neck and left upper arm and on the right temporal bone of the deceased was found fractured. The lungs and lever was found lacerated and death of the deceased has been ascertained due to haemorrhage as a result of ante- mortem injuries. Three metallic bullets and pieces of bullets were also recovered from the body of the deceased. The police while inspecting the spot have found four empty cartridges of .315 bore, 3 empty cartridges of .32 bore (some of these were blood stained), and also some particles of the crude bombs around the dead body of the deceased. On 21.6.2018 accused persons, Monu Pasi, Golu @ Neeraj Kumar, Manish Yadav @ Pappi, Sandeep Pasi (applicant), Raja Bhaiya @ Vishal Arya, Gautam Bhartiya and Banty Pal were arrested and from the possession of Monu Pasi Tamancha of .315 bore, from Neeraj Tamancha of .315 bore, from Manish pistol of .32 bore, from Raja Bhaiya @ Vishal Tamancha of .315 bore, from Gautam Bhartiya Tamancha of .315 bore along with live cartridges and from applicant Sandeep Pasi and Banty Pal two crude bombs each were recovered. Investigating Officer during the course of investigation has recorded the statements of eye witnesses, namely, informant, Reshma Yadav and Sunny Yadadav and other witnesses, who have supported the prosecution version. Learned counsel for the applicant while pressing the prayer of bail submits that the applicant has falsely been implicated in this case and he has not committed any offence as claimed by the prosecution. It is vehemently submitted by learned counsel for the applicant that the death of the deceased has been caused due to the injuries sustained by firing of gun shots from firearms and only 2 crude bombs are stated to have been recovered from the possession of the applicant when he was allegedly arrested by the police and no fatal injury has been found on the person of the deceased which may be related to have been caused by crude bombs. It is further submitted that tenor of statements of the two eye witnesses, namely, Sunny Yadav and Reshma Yadav reflects that they are not eye witnesses of the incident and are also interested, therefore their testimony could not be believed and no specific role of any kind has been assigned to the instant applicant. It is further submitted that there is material contradiction in ocular version of the incident and the medical evidence. The charge sheet has already been submitted in this case and there is no apprehension that the accused-applicant after release on bail, may flee from the process of law or may otherwise misuse the liberty. The criminal history of four cases have been adequately explained through supplementary affidavit dated 17.4.2022. Thus the applicant may kindly be released on bail. Shri Narendra Kumar holding brief for Shri Yogendra Nath Ram, learned counsel for the informant/ complainant vehemently opposes the prayer of bail of the applicant on the ground that in a brutal manner in furtherance of common intention of all, the accused persons have assaulted the deceased and has committed his murder. It is further submitted that heinousness of the crime could be ascertained by the fact that 8 firearm and 3 other type of injuries were found on the person of the deceased and his vital organs were also found raptured and the bullets have also been recovered from the body. The version of the first information report has been supported by the statements of the informant, two witnesses, namely, Reshma Yadav and Sanny Yadav. It is a broad day light murder and there is every apprehension that after being released on bail, the applicant may flee from the course of law and may committed another offence of the same natgure and will also influence the witnesses. It is further submitted that co-accused persons of the crime, namely, Kuldeep, Sonu Pasi and Golu Pasi have been denied bail by the Coordinate Benches of this Court, vide orders dated 5.1.2021, 5.1.2021 and 20.11.2020 passed in Criminal Misc. Bail Application Nos. 48155 of 2018, 47055 of 2018 and 20533 of 2020, respectively. Learned AGA also opposes the prayer of bail of the applicant on the ground that murder of the deceased has been committed in broad day light in the presence of the many persons of the localities in one of the most brutal and heinous way and therefore having regard to the evidence/ material available on record, he is not entitled to be released on bail. Having heard learned counsel for the parties and having perused the record, it is evident that the applicant is a named accused in the first information report. The informant as well as two eye witnesses, namely, Sunny Yadav and Reshma Yadav have stated the complicity of the applicant in the crime in their statements recorded under Section 161 Cr.P.C. The Investigating Officer has also collected the evidence and recorded the statements of other witnesses. Empty cartridges and remains of crude bombs have been found at the spot, near the body of the deceased, which shows that the crude bombs were also used in the commission of the crime. The murder of the deceased has been committed in one of the most brutal way in broad day light. The deceased has received 8 firearm and 3 other kind of injuries. The deceased has also been dragged from the house of one Ram Autar Prajapati and thereafter has been done to death by the applicant and other co-accused persons. All the accused persons had arrived together and had left the scene of the crime together and it has been vehemently submitted on behalf of the informant/ complainant that the death of the deceased has been caused in furtherance of common intention of all the accused persons to commit murder of the deceased. Having regard to all the facts and circumstances of the case as well as for the reasons stated herein before, I do not find any good ground to release the applicant on bail and therefore the application for bail moved by the applicant- Sandeep Pasi is rejected. The trial court is, however, directed to expedite the trial and make all out efforts to conclude the same at the earliest without granting unnecessary adjournments to the parties. Order Date :- 21.4.2022 Muk Digitally signed by MOHD UMAR KHAN Date: 2022.04.21 18:02:06 IST Reason: Location: High Court of Judicature at Allahabad