Pawan Kumar v. State of U.P.

Court No. - 50

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 266 of 2019

Applicant :- Pawan Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Bhaskar Bhadra Counsel for Opposite Party :- G.A.

Hon'ble Aniruddha Singh,J.

This case has been assigned by the Hon'ble The Chief Justice vide order dated 07.01.2019.

Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

According to prosecution case, F.I.R. was lodged against six accused persons, namely, Vijaypal, Subhash, Ramnaresh, Saroj, Pawan and Mukesh alleging that they assaulted Shivkumar, the brother of the complainant, on 17.8.2018. He received six injuries, two lacerated wounds on head and due to head injury, he died. During investigation, specific role of assault has been assigned to Ramnaresh.

Learned counsel for the applicant submitted that applicant is languishing in jail since 17.9.2018 (near about four months) having no criminal history; the applicant is innocent and has been falsely implicated in the present case; specific role of assault has been assigned to Ramnaresh; role of other coaccused is general in nature; F.I.R. was lodged after one day delay, which has not been properly explained; there is no independent witness and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.