Ram Fakeere vs State Of U.P.
2013 Latest Caselaw 1186 ALL

Citation : 2013 Latest Caselaw 1186 ALL
Judgement Date : 23 April, 2013

Allahabad High Court

Ram Fakeere vs State Of U.P. on 23 April, 2013

Bench: Vishnu Chandra Gupta




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 8
 

 
Case :- BAIL No. - 1286 of 2013
 

 
Petitioner :- Ram Fakeere
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Neeta Singh Chandel,Hom Narayan Awasthi
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Vishnu Chandra Gupta,J.

Counter affidavit filed today is taken on record.

Heard learned counsel for the applicant and learned Additional Government Advocate.

Perused the FIR and other relevant papers filed in support of the bail application.

According to the prosecution case FIR was lodged by one Pushpa Devi alleging therein that her brother Gaya Prasad was urinating on back side of his house. Accused Ram Fakeere restrained him from urinating, upon which some altercation took place. Applicant Ram Fakeere, his wife, his son Anil Kumar and his daughter Meera Devi assaulted Gaya Prasad by Lathi, Danda and spear. Consequently he died on the spot.

Post mortem examination of Gaya Prasad reveals that there are two injuries- one is lacerated wound 3 cm x 2 cm x bone deep +nt over left side of skull , 8 cm above left ear and another is contusion 4 cm x 2 cm +nt over occipetal bone. Left ear was bleeding.

My attention has been drawn towards the statement of P.W. Nangoo, which has been brought on record as Annexure no. 7 to the counter affidavit. He is said to be eye witness of the alleged incident. According to his statement recorded under section 161 Cr.P.C. Meera Devi came carrying Patia and Anil and Ram Fakeere assaulted Gaya Prasad on his head with Patia. This witness also stated that wife of Ram Fakeere was not able to move, so she was inside the house. She was not present on the spot.

On the strength of the statement of Nangoo it has been submitted that applicant Ram Fakeere is one of the author of the injury.

Considering the aforesaid fact and without entering into the merits of the case, let applicant Ram Fakeere involved in Case Crime No. 668 of 2012, under Section 302 IPC, P.S. Risiya, District Bahraich, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

Order Date :- 23.4.2013

GSY