Criminal Miscellaneous Bail Application filed by Pradeep Rajpoot seeking release in a murder-attempt case where evidence failed to establish which of the four accused caused the fatal injury to the deceased.
Release of applicant on bail by furnishing personal bond and two sureties.
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Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6916 of 2018
Applicant :- Pradeep Rajpoot Opposite Party :- State Of U.P. Counsel for Applicant :- Avdhesh Narayan Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This bail application has been moved seeking bail in Case Crime No.1007 of 2017 under sections 323, 304/34 I.P.C., Police Station Kotwali Orai, District Jalaun, during the pendency of trial.
As per FIR, the prosecution case is that on 1.10.2017 the brother of the first informant Chandreshakher along with complainant were cooking food on their field at about 8.00 P.M., right then Madhu Niranjan, son of Shiv Singh Lodhi armed with fire arm and two others persons having 'Lathidanda' in their hands told them that they should look-after their fields also and when the complainant and his brother refused, they started beating them. The brother of the complainant was dump to ground several times which resulted in his death on the next day during treatment.
The contention of the learned counsel for the applicant is that the present accused is not named in the FIR but subsequently the complainant has identified him as son of Shiv Singh Lodhi. It is alleged that the present applicant was carrying fire arm but no injury of the fire arm was caused to the deceased. In the postmortem only two contusions are found one on the left side tenporal region of head and other on the lower front part of chest. Four persons are alleged to have caused injuries to the deceased while two injuries are found. Other two unknown persons were said to be carrying 'Lathi-danda' in their hands. One of them has been identified by the complainant as Himmat Kori subsequently. It has not come in evidence as to who caused injury out of these four persons by which the deceased died. The applicant is not involved in any other criminal case. The applicant is absolutely innocent and is languishing in jail since 14.11.2017. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. opposed the bail prayer of the applicant but has not controverted the aforesaid facts.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
In the light of the aforesaid arguments, looking to the fact that, who caused fatal injury to the deceased could not be established from evidence on record, as only two injuries are found while four persons have been implicated, and taking into consideration the nature of offence, quantum of punishment and period of detention in jail, without expressing any opinion on the merits of the case, it is found to be a fit case for bail.
Let the applicant Pradeep Rajpoot involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 7.3.2018 AU
1 issue framed by the court
Whether the applicant is eligible for bail when it could not be established which specific accused caused the fatal injuries.
Pradeep Rajpoot
State Of U.P.
Dinesh Kumar Singh
As recorded by the court registry
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