Punuwa v. State of U.P.

Court No. - 41

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47843 of 2019

Applicant :- Punuwa Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A.

Hon'ble Bachchoo Lal,J.

Sri Birendra Singh Singraur, learned counsel, has filed vakalatnama on behalf of the complainant, let it be taken on record.

Heard learned counsel for the applicant, learned counsel for the complainant, learned AGA for the State and perused the record.

Learned counsel for the applicant submits that the first information report of the alleged incident has been lodged against four persons including the applicant. In the first information report it has been mentioned that some dispute had taken place with regard to water at government hand pump prior to the alleged incident and due to which the applicant who was holding a country made pistol, the co-accused Lakhana was holding Farsa, Vikram was holding trishul and Munna was holding Barchha in their hands reached near the deceased. The co-accused Vikram and Munna caught hold the deceased and co-accused Lakhana assaulted with Farsa on the head of the deceased due to which he sustained injury and consequently died. It has been further submitted that the applicant is an old man aged about 70 years. He has no concern with the alleged incident and the other co-accused are the sons of the applicant. The applicant has not caused any injury to the deceased. The main role of causing injury to the deceased with farsa has been assigned to co-accused Lakhana. Nothing incriminating article has been recovered from the possession of the applicant or on his pointing out. There is no criminal history of the applicant and he is in jail since 14.6.2019.