Sunil v. State of U.P.

Court No. - 79

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55277 of 2022

Applicant :- Sunil Opposite Party :- State of U.P. Counsel for Applcicant :- Nagendra Kumar Singh Counsel for Opposite Party :- G.A.,Mahendra Singh,Ravi Shankar Tripathi

Hon'ble Dr. Gautam Chowdhary,J.

Heard Sri Nagendra Kumar Singh, learned counsel for the applicant, learned A.G.A. for the State, Sri Mahendra Singh, learned counsel for the complainant and perused the record.

This application has been filed with a prayer to release the applicant on bail in case crime No. 170 of 2022, under sections 302, 323, 504, 506 IPC, P.S. Binawar, District Badaun.

It is contended by learned counsel for the applicant that applicant has been falsely implicated in the present case due to village partibandi. Further contended that in the present case four accused persons are named in the FIR in which one accused who is father of the applicant has been exonerated during investigation, but the charge sheet has been filed against the applicant and his two real brothers. The real brother of the applicant namely Ved Ram has been released on bail by another bench of this Court on 29.11.2022 in Crl. Misc. Bail Application No. 40539 of 2022 and lastly argued that applicant is in jail since 11.06.2022 having no criminal history.

Per contra learned counsel for the complainant and learned A.G.A. for the State rebutted the above arguments stating that applicant-accused is named in the FIR along with other coaccused and the lathi, danda and iron rod have been recovered from the possession of the applicant, The role of causing the injury is assigned to the applicant and other co-accused. The eye witness account namely Ragheev who came forward to same the deceased, he was also been assaulted by the accused persons and according to post mortem report of the deceased, the deceased has died to anti mortem injuries caused by lathi, danda and iron rod. The recovery has also been made from the possession of the applicant and other co-accused persons and the gravity of the offence is too much, therefore, the applicant may not be released on bail