Allahabad High Court
Jagat Raj Patel vs State Of U.P. on 2 August, 2011
Bench: Ravindra Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
Reserved
Criminal Misc. Bail Application No. 18275 of 2011
Jagat Raj Patel Vs. State of U.P.
Hon'ble Ravindra Singh, J.
Heard Sri Dharam Pal Singh, Senior Advocate assisted by Sri Jitendra Singh Lodhi, learned counsel for the applicant, learned A.G.A. for the State of U.P. and perused the case diary.
This bail application has been filed by the applicant, Jagat Raj Patel with a prayer that he may be released on bail in Case Crime No. 102 of 2011, under Sections 147, 148, 149, 307, 302 IPC, P.S. Gursaray, district-Jhanshi.
The facts, in brief, of this case are that the F.I.R. of this case has been lodged by Shyamlal on 24.3.2011 at about 9.10 p.m. in respect of the incident allegedly occurred on 22.3.2011 at about 10.00 p.m., the distance of the police station was about 5 k.m. from the alleged place of the occurrence. The applicant and five other co-accused are named in the F.I.R. It is alleged that in a pre-planned manner, the applicant and another co-accused persons caused injuries to the deceased and injured by using farsa, kulhari and lathi. In the said incident, one Asha Ram has lost life and Sonu Pal sustained injuries. It has been specifically alleged that the applicant was armed with farsa and the remaining accused persons were armed with Kulhari and lathi. The role of exhortation is assigned to the applicant also. It is alleged that the applicant caused injury by using farsa blows on the person of the deceased Asha Ram, some persons came in their rescue. The accused persons caused injuries by using farsa blows on the person of the injured Sonu. After receiving the injury, they fell down. The deceased and injured were taken to the medical college through a jeep where Asha Ram succumbed to his injuries. After post mortem examination and during the cremation, the F.I.R. has been lodged. According to the first medical examination report, the deceased Asha Ram had sustained four incised wounds and the injured Sonu had sustained three incised wounds. According to the post mortem examination report, the deceased had sustained four stab wounds. At the pointing out of the applicant, blood-stained farsa was recovered. The applicant applied for bail before the learned Sessions Judge, Jhanshi, who rejected the same on 6.9.2011. It is contended that the F.I.R. of this case is too much delayed. There is a general allegation against the applicant and other co-accused persons causing injuries by using the farsa, kulhari and lathi blows. It is alleged that the applicant has caused injuries by using the farsa. At the same time, other co-accused persons caused injuries by using the farsa, kulhari and lathi blows. According to statement of the Sonu Pal at the exhortation of the applicant all the accused persons caused injuries by using farsa, kulhari and lathi blows. The applicant has been falsely implicated in the present case due to ill-will of the first informant. The applicant is not having any criminal antecedent, he may be released on bail.
In reply of the above contention, it is submitted by learned A.G.A. that the applicant and other co-accused persons are named in the F.I.R. The delay in lodging the F.I.R. has been properly explained because both the deceased and injured were brought to the hospital for providing medical aid, where the deceased succumbed to his injury during the treatment, thereafter, the post mortem examination was done, the cremation of the dead body was done then F.I.R. has been lodged. The applicant was armed with farsa. The specific role of causing the injuries has been assigned to the applicant also. The deceased and injured persons have sustained incised wounds. In such circumstances, the applicant may not be released on bail.
Considering the facts and circumstances of this case, submission made by the learned counsel for the applicant, learned A.G.A. and from the perusal of the record, it appears that the F.I.R. of this case has been lodged on 24.3.2011 at about 9.10 p.m. in respect of the alleged incident allegedly occurred on 22.3.2011 at about 10.00 p.m. The applicant and five other co-accused persons are named in the F.I.R. It is alleged that the applicant was armed with farsa. The applicant and another co-accused persons caused injuries by using farsa, kulhari and lathi blows. The delay in lodging the F.I.R. has been explained. The deceased and injured persons have sustained incised wounds and without expressing any opinion on the merits of the case, the applicant has not been entitled for bail, the prayer for bail is refused.
Accordingly, this application is dismissed.
Order Date: 2.8.2011
AT
