This judgment grants bail to Jai Karan in a criminal case involving injury and death. The court noted cross-versions and mutual fighting, finding it a fit case for bail while co-accused were already released.
Appealant released on bail by personal bond and two sureties subject to standard conditions.
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Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9137 of 2018
Applicant :- Jai Karan Opposite Party :- State Of U.P. Counsel for Applicant :- Akash Deep Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 127 of 2017, under Sections 323, 504, 304 I.P.C., Police Station Aung, District Fatehpur, during the pendency of trial.
According to NCR, which was later on converted into FIR, the prosecution's case is that on 24.9.2017 at about 6:00 pm, neighbour of the first informant Praveen had abused and beaten up the first informant due to a dispute pertaining to tying of shebuffalo. The FIR was lodged the same day at 19:05 hours. The first informant expired on 8.10.2017 pursuant to the said injuries. In post-mortem report, cause of death is shown to be the head injury as he had received three injuries, out of which, injury no. 1 was caused on his head which was fracture of parietal bone.
Learned counsel for the applicant contends that within the gap of 10 minutes. FIR from the accused side of accused was also registered by police. It is admitted case that the occurrence of beating had taken place, in which both the sides have beaten each other. In the said occurrence, from the side of accused, Jaykaran (present accused) had also received three injuries, out of which, one is lacerated wound on the right side of his head and later on fracture was found in the said injury. Co-accused Lavkush and Praveen Kumar have been granted bail by coordinate bench of this Court. Aggressor will have to be determined in this case at the time of trial. The applicant is languishing in jail since 13.10.2017 . If he is released on bail, he would not misuse the liberty.
Learned AGA has opposed the prayer of bail, but has not controverted the aforesaid facts.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
In view of above arguments, looking to the fact that there is
cross-version and in the occurrence of beating both the sides appear to have beaten each other and the fracture of parietal bone is also found to have been caused on the deceased side, it will require to be decided in trial as to who was aggressor and looking to the fact that co-accused Praveen and Lavkush have been granted bail, taking into consideration the quantum of punishment, nature of offence and period of detention, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Jai Karan 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 :- 14.3.2018 A.P. Pandey
2 issues framed by the court
Whether the present case is a fit case for granting bail to the accused given the cross-versions and nature of the injury.
Whether the applicant should be released on bail conditioned with a bond and sureties.
1 provisions across 1 enactments
Jai Karan
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
