Criminal Miscellaneous Bail Application rejected. The court held it was not a fit case for bail at that stage without commenting on merits, considering the complicity, severity of punishment, and totality of circumstances. Trial to be concluded expediently.
Bail application rejected; order for expedited trial issued.
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Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11108 of 2018
Applicant :- Pawan Opposite Party :- State Of U.P. Counsel for Applicant :- Om Narayan Pandey Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. for State and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated; that as per prosecution case N.C.R. of the incident was lodged by Hari Om on 27.7.2017 against applicant under Sections 323, 504 and 506 I.P.C. with contention that at 5.00 p.m. on 26.7.2017 applicant under intoxication abusing in the names of mother and sister and upon protest as to why he frequently use to abuse entire mohalla persons, he committed marpeet with Danda causing injuries on his head and threatened him of death; that next day on 28.7.2017 on the above allegations F.I.R. was lodged against applicant under Section 506, 323 and 308 I.P.C. and after death of Hari Om on 30.7.2017 at District Hospital Bareilly, the case was converted to Section 304 I.P.C; that applicant neither abused deceased nor caused any injury to him; that deceased was medically examined at C.H.C. Puwayan, District Shahjahanpur at 6.00 p.m. on 26.7.2017 upon being brought by constable Mohit Bhatti and considering his serious medical condition he was referred to district hospital Shahjahanpur from where he was further referred to Bareilly and during treatment at District Hospital Bareilly, succumbed to injuries; that as per postmortem report deceased died due to antemortem head injuries; that alleged eye witnesses Dharamveer and Braj Lal have stated that applicant gave several Danda blows to Hari Om, deceased resulting in grievous injuries in his head; that initial medical examination report of deceased dated 26.7.2017 at C.H.C. Puwayan states that at the time of his medical examination on 26.7.2017 at 6.00 p.m., he was under intoxication; that it appears that deceased would have fallen down under intoxication and sustained injuries has falsely implicated applicant; that applicant has no
criminal history; that applicant is in custody since 29.07.2017.
Learned A.G.A. vehemently opposed the prayer of bail and contended that as per report of Sessions Judge, Shahjahanpur in compliance with order dated 9.1.2019 of this Court, trial is in progress and prosecution witnesses Mamta and Dharam Veer have been examined and except Braj Lal the witness of fact, only I.O. and doctor are to be examined and trial is likely to be concluded in near future; that injury report of deceased of C.H.C. Puwayan shows that he sustained two lacerated wounds on his right and left parietal regions apart from which there was bleeding from his left ear and abrasion on left scapula; that all the injuries on right parietal region and left parietal region both sides with injuries on scapula may not be sustained simultaneously upon falling of a person on the ground; that mere fact that deceased was drunk at the time of his examination, it may be not inferred that he sustained injuries by falling on the ground; that N.C.R. was lodged by deceased himself and there was no reason for false implication of applicant; that applicant if released on bail, shall misuse liberty of bail and delay and defraud fair disposal of trial.
Upon hearing the learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I do not find it a fit case for bail.
The bail application of applicant Pawan in Case Crime No.1980 of 2017, under Sections 323, 504, 506 and 304 I.P.C. P.S. Puwayan, District Shahjahanpur is rejected accordingly.
However, the trial Court is requested to conclude the trial as expeditiously as possible without granting unnecessary adjournments to either parties.
Order Date :- 26.3.2019 VS
Pawan
Harsh Kumar
As recorded by the court registry
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