Held that the bail application by Balvant Rajbhar in a case concerning death by culpable homicide was rejected. The court found that witness statements and medical reports corroborated the FIR, indicating the applicant had a motive to injure the deceased, thus negating grounds for bail.
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17132 of 2022
Applicant :- Balvant Rajbhar Opposite Party :- State of U.P. Counsel for Applicant :- Anand Kumar Asthana,Vindeshwari Prasad Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, learned AGA on behalf of the State and perused the record.
This bail application has been filed with the prayer to release the applicant Balvant Rajbhar on bail in Case Crime No.182 of 2021, under sections 304 IPC, Police Station Rani Ki Saray, District Azamgarh.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is alleged in the First Information Report that the applicant (brother-in-law) of the deceased took away the brother of informant (deceased) and beaten him, on that account, he died. It is argued that the allegations against the applicant is fabricated. Informant is brother of deceased, lodged the present First Information Report with ulterior motive. First Information Report is antetime. From the statement of the witnesses, no case is made out against the applicant. It is a case of accident, which is clear from the G.D.No.058 and applicant having no criminal history.
Per contra, learned AGA has vehemently opposed the bail prayer of the applicant and submits that the witnesses have seen the incident and found that the applicant had beaten the deceased. Deceased was taken to hospital but due to fatal injury, he could not be survived. Cause of death due to anti-mortem head injury.
Since statement of the witnesses and medical report corroborates with the facts stated in the First Information Report and applicant has motive to injured the deceased, as such, after hearing the arguments of the learned counsel for the applicant, learned AGA and the statement of the witnesses, I find that applicant has not made out any good ground for enlarging him on bail.
The bail application is accordingly, rejected .
Order Date :- 17.8.2022 SKD
Digitally signed by SURJIT KUMAR DEY Date: 2022.08.18 10:13:16 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant has made out a case for release on bail in a chargesheeted case under sections 304 IPC.
Balvant Rajbhar
Deepak Verma
Surjit Kumar Dey
As recorded by the court registry
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