The court rejected the bail application of the accused applicant, who was charged with murder and assault. It held that the applicant was the main assailant who inflicted a fatal stab wound, making it an unfit case for bail release.
Bail application rejected; directions issued to conclude trial within one year.
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Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38803 of 2018
Applicant :- Ashish Rathor Opposite Party :- State Of U.P. Counsel for Applicant :- Anurag Kumar Pandey Counsel for Opposite Party :- G.A.,Suresh Dhar Dwivedi
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned counsel for the informant and learned A.G.A. for the State.
This bail application has been preferred by the accusedapplicant, who is involved in Case Crime No. 13 of 2017 under Sections 302, 323, 324, 147, 352, 337, 506, 34 I.P.C. Police Station Jalalabad, District Shahjahanpur.
Learned counsel for the applicant submitted that earlier an N.C.R. (bearing no. 3 of 2017) was lodged by the informant under Sections 323 and 506 I.P.C. on 6.1.2017 at 10.30 a.m. wherein no specific assertion or role of any of the accused persons has been mentioned or explained but subsequently, on the very same day, the said N.C.R. was converted into Case Crime No. 13 of 2017 under Sections 308, 323, 506 I.P.C. through G.D. No. 23 at 11.30 a.m. Though in the said report, injuries have been explained but specific participation of the accused persons have not been asserted. During investigation, in the statements of the eye-witnesses Ruby Gupta and Sachin Gupta, role of the accused has been described. Further submission is that the applicant has not committed any offence as alleged in the F.I.R. He has been falsely implicated due to village politics. Alleged recovery of knife is false and statements of informant Ruby Gupta and witness Sachin Gupta are mala fidely motivated. The applicant has no criminal
history. He is in jail since 7.1.2017. If he is enlarged on bail, he will not misuse the liberty.
Learned A.G.A. as well as learned counsel for the informant opposed the prayer and submitted that the applicant has been assigned specific role of assaulting the deceased with knife (chhuri) which is also corroborated by the medical evidence. In support of their submissions, they have also drawn the attention of the Court towards bail orders passed by co-ordinate Bench of this Court in respect of co-accused Rampat Gupta and Anju @ Anuj Gupta in Criminal Misc. Bail Application Nos. 22904 of 2017 and 27303 of 2017 on 30.6.2017 and 21.8.2017 respectively wherein while granting bail to the co-accused, the Court has clearly distinguished the role of the present applicant. Moreover weapon used in occurrence, i.e., knife (chhuri) has been recovered from the possession of the applicant.
I have perused the material on record. The autopsy report indicates that the cause of death of the deceased is stab wound and the applicant has been assigned the role of causing knife (chhuri) blow upon the person of the deceased. Thus, he is the main assailant.
Considering gravity and severity of the offence, the role of the present applicant in commission of the said offence and nature of his accusation, I do not find it a fit case to release the applicant on bail.
Accordingly, present bail application is rejected.
However, learned Sessions Judge, Shahjahanpur is directed to conclude the trial as early as possible, preferably within a period of one year without granting any unnecessary adjournments to either of the parties, unless required for very compelling reason.
The registry of this Court shall sent copy of this order to the learned Sessions Judge, Shahjahanpur within a week for communication/compliance.
Order Date :- 18.6.2019 Ram Murti
2 issues framed by the court
Whether the applicant is a fit case for release on bail in a charge of murder and assault causing hurt.
Whether the gravity of the offence and the role assigned warrant denial of bail.
Ashish Rathor
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
