Bail application rejected as a coordinate bench had already rejected an identical bail application for a co-accused with the same role in the same case.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9157 of 2022
Applicant :- Deepu Bhadauria Opposite Party :- State of U.P. Counsel for Applicant :- Krishan Mohan Pandey,Anand Mohan Pandey,Satya Dheer Singh Jadaun Counsel for Opposite Party :- G.A.,Neeraj Srivastava,Rajesh Kumar Shrma
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for applicant, learned A.G.A. for State as well as learned counsel for the Informant and perused the record.
Applicant- Deepu Bhadauria , has approached this Court by way of filing the present Criminal Misc. Bail Application under Section 439 Cr.P.C. after rejection of his Bail Application vide order dated 18.02.2022, passed by Sessions Judge, Kanpur Nagar, in Session Trial No.116 of 2022 arising out of Case Crime No.376 of 2021, under Sections 147, 148, 323, 304, 34 IPC, Police Station Panki, District Kanpur Nagar.
Learned counsel for the applicant submits that father of the deceased lodged F.I.R against applicant, two other named accused and 3-4 unknown persons that they have prior enmity with his son and on 15.10.2021 when his son refused to pay Rs. 500/- for liquor, initially he was assaulted and later on at about 11.00 PM on the same day when he was returning after attending Dushera Fare alongwith his friend, Sunil, they were attacked by accused persons, however friend of deceased escaped himself but it appears that accused catch hold the deceased and caused his death. The immediate cause of death was comma due to ante mortem head injuries. Deceased has suffered eight injuries out of which injuries no. 1 to 6 were caused by hard and blunt object. Alcohol smell was also present.
Learned counsel for applicant submits that the alleged eye witness has witnessed the initial part of occurrence. However, neither the said witness nor any other witness have seen the manner under which the deceased died. The evidence collected during investigation are only to the extent that they saw deceased lying near the electric pole. No one has seen the actual incident and it appears to be a case of incident as the deceased was under the influence of liquor and it appears that his motorcycle collided with electric pole and due to that he suffered injury. Therefore, it is not a case of direct out come of
assault, if any, made by accused persons in the initial part of occurrence and in the police record initial occurrence was registered as a road accident.
Learned AGA as well as learned counsel for the informant have vehementally opposed the bail application of the applicant and submitted that since the bail application of similarly placed coaccused Dharmendra Singh has been rejected by a coordinate Bench of this Court vide order dated 18.05.2022 passed in Criminal Misc. Bail Application No.14345 of 2022, hence the applicant is also not entitled for bail.
Considering the submissions made by the learned counsel for the parties, perusal of record and since the bail application of co-accused Dharmendra Singh having identical role has been rejected by a coordinate Bench of this Court, I do not find it a fit case for bail.
The application is accordingly rejected.
Order Date :- 5.12.2022
SFH
Digitally signed by SYED FAHIM HUSAIN Date: 2022.12.20 16:07:33 IST Reason: Location: High Court of Judicature at Allahabad
Deepu Bhadauria
Shekhar Kumar Yadav
As recorded by the court registry
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