Criminal Misc. Bail Application rejected. The applicant was involved in a murder causing death case. The court found insufficient grounds to grant bail at this stage given the nature of injuries and prosecution evidence.
Bail application rejected.
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Court No. - 2
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4399 of 2020
Applicant :- Malha @ Sudarshan Opposite Party :- State of U.P. Counsel for Applicant :- Pramod Kumar Srivastava,Manoj Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant, learned Additional Government Advocate and perused the record.
This bail application has been filed on behalf of the applicant involved in Case Crime No. 133 of 2019, under Sections 304, 342, 504, 120B I.P.C., P.S. Manikpur, District Chitrakoot.
It is alleged that applicant and other co-named accused have inflicted assault upon the deceased aged about 70 years; eyewitness account have supported the prosecution case; cause of death is shock and hemorrhage due to ante mortem injuries; there are three external injuries-chest abrasion, right hip joint abrasion, abrasion in left elbow; left second to sixth ribs and right 2, 3 & 4 ribs have been found fractured.
Learned Additional Government Advocate opposed the prayer for bail and submits that cause of death in this case is hemorrhagic shock due to ante mortem injuries, which is sufficient to cause death in ordinary course of nature; it will not be in public interest in case applicant is released on bail.
Considering the facts and circumstances of the case, I am not inclined to allow the bail application at this stage.
The bail application is, accordingly, rejected.
Order Date :- 28.1.2020 Mukesh Kr.
2 issues framed by the court
Whether the applicant is entitled to bail considering the gravity of the offense and public interest.
Whether the prosecution witnesses support the case of assault leading to death by shock and hemorrhage.
Malha @ Sudarshan
Suneet Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
