Ashok v. State of U.P.

Court No. - 85

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21438 of 2022

Applicant :- Ashok Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Kumar Srivastava,Arjit Srivastava,Usha Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Ajit Singh,J.

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

By means of this application, the applicant who is involved in Case Crime No. 197 of 2021, under sections 147, 148, 149, 323, 352, 504, 307 and 302 I.P.C., P.S. Nayagaon, district-Etah, is seeking enlargement on bail during the trial.

The first information report was lodged by the informant against five persons, including present accused, alleging therein that on 16.12.2021 at about 5:30 p.m. when the nephew and niece of the informant had gone to outhouse (Gher) to take house hold articles, then the accused persons after abusing them committed maar-peet with them. When the informant along with his brother gone to the house of accused persons to make complaint, then all the accused persons assaulted them with lathi-danda. The coaccused Kunwarpal had fired at the brother of the informant Ram Babu, which hit in his stomach

Learned counsel for the applicant submits that in the first information report general role of assaulting the deceased and the informant with lathidanda has been assigned to all the accused persons and the main role of firing at the brother of the informant was attributed to co-accused Kunwarpal. He next submits that the deceased has died due to gunshot injury, which is evident from the postmortem report, in which the cause of death was shown as shock and hemorrhage due to ante-mortem injury. The other injuries found on the person of the deceased were simple in nature. He also submits that the applicant is absolutely innocent and has been falsely implicated in the present case only being son of the main accused Kuwnwarpal. Further submission is that other co-accused Ramkishan has been granted bail by another Bench of this Court vide order dated 12.5.2022 passed in Criminal Misc. Bail Application No.