Allahabad High Court
Uday vs State Of U.P. on 18 April, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16064 of 2019
Applicant :- Uday
Opposite Party :- State Of U.P.
Counsel for Applicant :- Rabindra Bahadur Singh,Meraj Ahmad Khan,Siddharth Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
This bail application has been moved on behalf of the applicant Uday who is involved in Case Crime No. 1104 of 2018, under section 302, 504 IPC, P.S. Sadar Bazar, District Agra.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the present case. Initially the FIR of the alleged incident was lodged under section 304 and 506 IPC, thereafter, the case was converted under section 302 IPC. The applicant and deceased both are tempo drivers on the same route Sevla Jaat Sarvan Bijlighar and the deceased was heavy driker and took the liquor and due to heavy dose of liquor he fallen down on stone due to which he sustained several injuries on his head and face. Consequently, he died. The applicant had not caused any injury to the deceased. In FIR it has been mentioned that the applicant assaulted the deceased with Hathora but it has not been mentioned that the applicant has assaulted the deceased with Hathora repeatedly. As per postmortem report 4 injuries have been found on the body of the deceased. The deceased has sustained injuries in some other manner. The applicant has not committed the alleged offence. He has falsely been implicated in the present case. The applicant has no criminal history and is in jail since 23.11.2018.
Per contra; learned A.G.A. has opposed the prayer for bail and argued that applicant is named in the FIR. The FIR has been lodged without any delay at police station concern. In FIR it has been mentioned that due to dispute of money the applicant assaulted the deceased with Hathora due to which he sustained injuries. In postmortem report 4 injuries have been found on the body of the deceased. Fracture of left front temporal bones of head have been found to the deceased. Sanjay, Jai Prakash and Ram Prakash @ Chhotu are the eye witnesses of the alleged incident. In their statements it has come that the applicant assaulted the deceased with Hathora due to which he sustained several injuries. The applicant has committed the alleged offence, therefore, he is not entitled for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I am not inclined to release the applicant on bail.
Consequently, the prayer for bail of the applicant is refused and the bail application of the applicant Uday is hereby rejected.
Order Date :- 18.4.2019
Masarrat
