Maya Ram Second Bail vs State Of U.P.
2022 Latest Caselaw 1820 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3451 of 2019
 

 
Applicant :- Maya Ram Second Bail
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Lalji Prasad Shukla
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Kumar Singh,J.

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

2. The present bail application under Section 439 Cr.P.C. has been filed by the applicant seeking bail in Case Crime No.71 of 2015, under Sections 307, 302 IPC, Police Station Imliya Sultanpur, District Sitapur.

3. As per the FIR on 24.05.2015 at around 6:30 P.M. when Raghuraj Singh, the deceased father of the complainant was coming back from his agricultural field, the accused-Hardwari, present accused-applicant having iron rods in their hands and Shakuntala wife of Puttu having a danda on her hand, assaulted the deceased mercilessly.

4. Initially, the FIR was lodged under Section 307 IPC, however, after the deceased died on the next day, it got converted into Section 302 IPC.

5. Post mortem report would disclose following ante mortem injuries :-

"(i) Stitched wound 3 cms in length on the left side head about 8 cms above from left ear;

(ii) Stitched wound 2 cm 3 in lenght present on he left side head about 3.0 cm posterior from the injury No.1;

(iii) Lacerated wound 4 cm x 1 cm x bone deep present over the mid of head about 10 cms above from right ear labula;

(iv) Abrasion 2 cm x 2 cm present over the left shoulder about 6 cm medial from the top of left shoulder;

(v) Abrasion 1 cm x 1 cm present over the left arm, 13 cms below from the top of left shoulder;

(vi) Abrasion 1 cm x .5 cm cm present over the outer 1/3rd of right clavicle;

(vii) Contusion 12 cms x 2 cm present over the anterior lateral aspect of left side chest, about 21 cms above from left anterior superior illiac spine.

(viii) Contusion 9 cm x 2 cm present on lateral part of left side, lower back about 4 cm above from te anterior superiors illiac spine."

6. Cause of death was opined to be shock and hemorrhage as a result of ante mortem injuries. Co-accused, Hardwari is dead and the present accused-applicant was armed with iron rod. Prosecution story gets corroborated by medical evidence. As per the report submitted by the trial Court, as many as 10 witnesses have been examined and trial is almost complete.

7. Considering the aforesaid report, involvement of the accused-applicant in the commission of the offence, this Court does not consider it to be a fit case for enlarging the accused-applicant on bail at this stage. This bail application is thus, rejected. Trial Court is, however, is directed to conclude the trial and pronounce the judgment expeditiously preferably within a period of 4 months from the date, a certified copy of this order is produced before it.

Order Date :- 29.4.2022

prateek