Beneficiary applicant Ram Giri applied for bail in a murder case. The High Court rejected the bail plea noting the seriousness of the offence and the specific role assigned to the applicant, despite a co-accused having been granted bail.
The bail application is rejected at this stage.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26461 of 2017
Applicant :- Ram Giri Opposite Party :- State Of U.P. Counsel for Applicant :- Sudarshan Singh Counsel for Opposite Party :- G.A.,Ehtesham Afsar
Hon'ble Aniruddha Singh,J.
Heard Sri Rajesh Kumar, learned counsel for the applicant, Sri Ehtesham Afsar, learned counsel for the complainant and Sri Mayank Mishra (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged in Case Crime No. 151 of 2016, under Section 302 I.P.C., Police Station Fatehganj West, District Bareilly against two accused persons, namely, Ram Giri and Nanhey Giri alleging that on 10.6.2016 they assaulted Nanhey, father of the complainant. He received thirteen injuries and due to head injury he died. During investigation, it was found that the applicant had assaulted the deceased by spade (Fawara). Bloodstained spade (Fawara) used in the crime was also recovered at the pointing out of the applicant.
Learned counsel for the applicant submitted that co-accusedNanhey Giri has already been enlarged on bail by co-ordinate Bench of this Court vide order dated 10.5.2017 in Criminal Misc. Bail Application No. 15676 of 2017 and the case of the applicant is identical to the case of co-accused, who has already been enlarged on bail, hence the applicant is also entitled to bail on the ground of parity. The applicant is languishing in jail since 11.6.2016 (two years and ten months) having no criminal history. There is no possibility to get this case decided in near future. The applicant is innocent and has been falsely implicated in this case. There is no independent witness/eye witness account against the applicant and in case he is released on bail, he will not misuse the liberty of bail and will co-operate in trial.
Learned A.G.A. as well as learned counsel for the complainant opposed the prayer of bail and submitted that specific role of assault has been assigned to the applicant and bloodstained spade (Fawara) used in the crime was also recovered at the pointing out of the applicant, hence the the case of the applicant is not identical to the case of co-accused, who has been
enlarged on bail. In the bail of co-accused-Nanhey Giri itself it has been specifically noted that main role of assault has been assigned to the applicant. This fact was wrongly shown before this Court by the learned counsel for the applicant that the case of the applicant is identical to the case of co-accused, who has already been enlarged on bail. Therefore, the bail application is liable to be rejected.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence, the bail application is hereby rejected at this stage.
It is expected from the trial court to decide the case of the applicant expeditiously according to Section 309 Cr.P.C.
Order Date :- 16.4.2019 OP
2 issues framed by the court
Whether bail should be granted to the accused in a charge of murder under Section 302 I.P.C. where co-accused has been enlarged on bail.
Whether the assignment of a specific assault role and recovery of a weapon obtained from the accused negates parity with the co-accused.
Ram Giri
Aniruddha Singh
As recorded by the court registry
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