An application for bail filed by Narendra Pasi in a case of culpable homicide not amounting to murder. The court allowed the bail, noting discrepancies between the incident time and the postmortem time of death, and the fact that the co-accused had already been granted bail.
Released on bail by furnishing a personal bond and two sureties subject to conditions.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31939 of 2022
Applicant :- Narendra Pasi Opposite Party :- State of U.P. Counsel for Applicant :- Sudhir Bharti,Bachan Singh,Vimal Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant as well as learned Additional Government Advocate representing the State.
The instant bail application under Section 439 of Cr.P.C. has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 41 of 2022, under Section 304 of I.P.C., Police StationSultanpur Ghosh, District- Fatehpur, during the pendency of trial.
As per the prosecution case in brief, the informant Sandeep Kumar Tiwari, who is Head Constable, lodged F.I.R. on 31.03.2022, at 13:30 hours, with regard to an alleged incident which took place on the same day at 10:30 o'clock, against the present applicant Narendra Pasi and co-accused Prakash Pasi with the allegations inter-alia that while checking the vehicles the Police Personnel stopped the motorcycle Splendor Plus, UP-71-AS-8582 which was being driven by the present applicant and co-accused Prakash Pasi was a pillion rider on the said motorcycle but the applicant did not stop his motorcycle and rashly and negligently ramped over Virendra Nath Mishra, Sub-Inspector, whereby, Virendra Nath Mishra as well as the applicant and coaccused sustained injuries but later on, when Virendra Nath Mishra was taken to the hospital, he was declared as brought dead by the Doctor.
The main substratum of argument of learned counsel for the applicant is that it is a case of accidental death and prosecution has not come up with a clean hand. The F.I.R. has been lodged by twisting the facts. It is also pointed out that as per prosecution case, the incident took place on 31.03.2022 at 10:30
am and postmortem of the deceased was conducted on the same day at 4:30 pm, in which, time since death of the deceased is mentioned about half day which comes around 4:30 am, and the same does not match with the prosecution case. It is also submitted that the applicant was having a valid driving licence and Registration Certificate of the motorcycle, therefore, there was no occasion for the applicant to run away from the place of occurrence. Since, the deceased was a Sub-Inspector, therefore, the Investigating OfÏcer, without conducting fair investigation submitted charge-sheet against the applicant for the alleged offence under Section 304 I.P.C., therefore, the applicant who is languishing in jail since 31.03.2022, having no criminal history to his credit, is entitled to be released on bail.
Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant but could not dispute the above factual aspect of the matter as argued on behalf of the applicant.
Having heard learned counsel for the parties and examined the matter in its entirety, I find substance in the submission of learned counsel for the applicant that as per postmortem report of the deceased, the time of death of the deceased is not corroborated from the time of occurrence of the incident and co-accused Prakash Pasi has been granted bail by the coordinate Bench of the this Court, vide order dated 10.06.2022, in Criminal Misc. Bail Application No. 23707 of 2022.
Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed .
Let the applicant- Narendra Pasi , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being
imposed in the interest of justice:-
(i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.
(ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police ofÏcer or tamper with the evidence.
(iii) That after his release, the applicant shall not involve in any criminal activity.
(iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail.
In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant.
Order Date :- 5.4.2023 Kashifa
Digitally signed by :- KASHIFA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in a case of culpable homicide not amounting to murder given discrepancies in the postmortem report regarding the time of death.
2 provisions across 2 enactments
Narendra Pasi
Sanjay Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
