North Indian High Court granted bail to Ram Ujagir in a murder case under IPC 302. The court held it was a fit case as the postmortem report indicated no ante-mortem injury to the deceased, contradicting the prosecution version.
Released on bail by furnishing a personal bond and two reliable sureties.
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Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44933 of 2018
Applicant :- Ram Ujagir Opposite Party :- State Of U.P. Counsel for Applicant :- Brajesh Kumar Singh,Ravi Pratap Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
This bail application has been moved by the applicant Ram Ujagir who is involved in Case Crime No. 309 of 2018, under Sections 302, 323, 504, 506, 120-B I.P.C., Police Station - Bakhira, District - Sant Kabir Nagar.
As per prosecution version, on 20.06.2018 at about 07:30p.m applicant with co-accused Radhey Shyam came at the residence of informant Virendra Kumar Yadav with lathi, danda and pressed the neck of his father Sitaram due to which he died, when objection raised by Harendra, they have also assaulted him.
Learned counsel for the applicant contended that postmortem report does not corroborate the version of F.I.R., there is no any ante-mortem injury to the deceased Sitaram, even though it is mentioned in the postmortem report that the death is caused due to hemorrhage and shock as a result of ante-mortem injury.
Learned A.G.A., has opposed the prayer for bail.
Injuries to Harendra are simple in nature. There is no ante-mortem injury to the deceased Sitaram, accordingly, I find it a fit case for enlarging the applicant on bail. Let the applicant- Ram Ujagir, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the C.J.M./Magistrate, concerned.
Application stands allowed.
Order Date :- 7.12.2018 M/A.
1 issue framed by the court
Whether the applicant is fit to be released on bail given the discrepancies between the FIR and postmortem report.
Ram Ujagir
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
