Ram Naresh vs State Of U.P.
2019 Latest Caselaw 4395 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19736 of 2019
 

 
Applicant :- Ram Naresh
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Bhaskar Bhadra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

This bail application has been moved on behalf of the applicant Ram Naresh who is involved in Case Crime No. 398 of 2018, under section 147, 148, 302 IPC, P.S. Bilsanda, District Pilibhit.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

Learned counsel for the applicant submits that the FIR of the alleged incident was lodged against 6 persons including the applicant making general allegation for committing marpit with deceased with Lathi and Danda. In FIR no specific role has been assigned to the applicant, thereafter, informant Kamlesh Kumar in his statement recorded under section 161 Cr.P.C. has specified the role of applicant and has stated that applicant caused injury to the deceased on his head with Lathi. It has further been submitted that during investigation the statement of Smt. Lakshmi Devi, niece of deceased was also recorded by the I.O. in which she has stated that she has no knowledge about the incident. In fact, the applicant has not committed the alleged offence. He has falsely been implicated in the present case. False recovery of wooden Patti of cot has been planted against the applicant. The applicant has no criminal history and is in jail since 12.9.2018.

Per contra; learned A.G.A. has opposed the prayer for bail and argued that informant Kamlesh Kumar is the eye witness of the alleged occurrence. In his statement he has stated that applicant caused injury to the deceased with Lathi on his head. At the time of postmortem 6 injuries have been found on the body of the deceased and cause of death of the deceased has been shown coma as a result of ante mortem head injuries + injuries. The applicant is main accused who had caused head injury to the deceased, 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 Ram Naresh is hereby rejected.

Order Date :- 10.5.2019

Masarrat