Allahabad High Court
Shrikesh Pathak @ Rana Pathak 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. - 16090 of 2019
Applicant :- Shrikesh Pathak @ Rana Pathak
Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjeev Kumar Tiwari
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
This bail application has been moved on behalf of the applicant Shrikesh Pathak @ Rana Pathak who is involved in Case Crime No. 228 of 2018, under section 302 IPC and Section 4/25 Arms Act, P.S. Sikandarpur, District Ballia.
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 324 IPC. The deceased died after 4 days of the alleged incident. In postmortem report the cause of death of the deceased has been shown septicaemia as a result of perforation peritonitis due to intestinal perforation contributed by hemorrhage in side peritoneal cornily all are ante mortem injury. It has further been submitted that applicant and deceased are real brothers. This is a case of sudden provocation. There was no motive to the applicant to commit the alleged offence. False recovery of knife has been planted against the applicant after 12 days of the alleged incident. Smt. Maya Devi, daughter-in-law of the deceased in her statement has stated that she found the deceased in injured condition. There is no independent witness of the alleged occurrence. The applicant has no criminal history and is in jail since 26.10.2018.
Per contra; learned A.G.A. has opposed the prayer for bail and argued that applicant is named in the FIR. In FIR it has been mentioned that the applicant caused injury to the deceased with knife. Smt. Tara Devi, wife of the deceased is the eye witness of the alleged occurrence. In her statement she has clearly stated that applicant caused injury to the deceased with knife. There are eye witnesses of the alleged incident. Knife used in the commission of the murder of the deceased has been recovered on the pointing out of the applicant. 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 Shrikesh Pathak @ Rana Pathak is hereby rejected.
However, the trial court is directed to proceed with the trial and conclude the same expeditiously preferably within a period of one year from the date of the production of the certified copy of this order, if there is no legal impediment.
Order Date :- 18.4.2019
Masarrat
