Biran v. State of U.P.

Court No. - 72

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33881 of 2021

Applicant :- Biran Opposite Party :- State of U.P. Counsel for Applicant :- Urmila Shukla,Akhilesh Kumar Counsel for Opposite Party :- G.A.

Hon'ble Raj Beer Singh,J.

This is second bail application of applicant.

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

It has been argued by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. It was stated that initially a non-cognizable report was lodged under Section 323/504 IPC against applicant and coaccused persons but after death of deceased, the case was converted into section 304 IPC. Learned counsel submitted that only general and omnibus role has been assigned to all the accused persons including applicant. The first bail application of applicant was rejected by this Court vide order dated 08.02.2021, passed in Criminal Misc. Bail Application No.8033 of 2021 but after that two material witnesses including complainant, have already been examined before the trial court, wherein, they did not support the prosecution version and turned hostile. Learned counsel has referred the statement of P.W.1 Buddhi Lal, who is complainant of the case, and P.W.2 Smt. Bitto, who is wife of complainant and submitted that they have clearly stated that applicant has not caused any injury to the deceased or injured persons. The applicant is languishing in jail since 01.10.2020 having no criminal history and that in case, the applicant is released on bail, he will not misuse the