Rohit v. State of U.P.

Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5518 of 2022 Applicant :- Rohit Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Samit Gopal,J.

Heard Sri Vivek Kumar Singh, learned counsel for the applicant and Sri B.B. Upadhyay, learned counsel for the State and perused the material on record.

This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Rohit , seeking enlargement on bail during trial in connection with Case Crime No. 298 of 2021, under Sections 147, 148, 149, 323, 308, 324, 304, 352, 504, 506 I.P.C., registered at Police Station Mawana, District Meerut.

The first information report of the present case was lodged under Section 308, 324 I.P.C. but during investigation, the other sections have been added.

Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that in the first information report, there is no reference of the fact that Vikas @ Monu has received injuries but to the contrary, there is only reference of assault on Jony by Lokesh and his family member. It is argued that the present incident has taken place in a marriage procession. The name of the applicant has surfaced for the first time in the statement of the alleged injured Vikas @ Monu wherein the applicant and six other persons have been assigned general role of assault with lathi , danda and sharp-edged weapon. It is argued that the deceased as per the postmortem examination report has received two injuries on his body out of which injury no.1 is a stitched wound on his head and the other injury is on his lower limb. The fatal injury is injury no.1 on head. The cause of death was antemortem injury to head. The author of the said injury is not known. The other injury did not contribute to death. The alleged injured Vikas @ Monu was medically examined and he was also found to have received injuries but even author of the injuries is not known. There is no motive for the applicant to commit the aforesaid offence. It is argued that co-accused Mohit whose case is identical to that the applicant, has been granted bail by a co-ordinate Bench of this Court vide order dated 05.01.2022 passed in Criminal Misc. Bail Application No. 49630 of 2021, the copy of the said order is annexed as Annexure-8 to the affidavit. The applicant has no criminal history as stated in para 31 and is in jail since 21.12.2021.