Allowed

Arjun and 2 Others v. State of U.P.

Allahabad HC20 Apr 2023BAIL/7963/2023

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 7963 of 2023, the Allahabad High Court allowed bail for three accused in a case involving assault resulting in one death. The Court emphasized that while a general charge existed, specific injuries causing death were attributed to a co-accused, entitling the applicants to release on personal bond and sureties.

What did the court decide?

Release of applicants Arjun, Rajesh, and Satyendra on bail on furnishing a personal bond and two sureties each with standard conditions.

Arjun and 2 Others Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2023)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7963 of 2023

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Applicant :- Arjun And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Neeraj Srivastava Counsel for Opposite Party :- G.A.,Ved Prakash Mishra

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Hon'ble Sameer Jain,J.

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Heard Sri Neeraj Srivastava, learned counsel for the applicants and Sri Jhamman Ram, learned AGA for the State-respondent.

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The instant application has been filed seeking release of the applicants on bail in Case Crime No. 823 of 2022, under Sections 147, 149, 323, 325, 304, 308, 504 IPC, Police Station- Kotwali City, District- Bijnor, during pendency of the trial in the court below.

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FIR of the present case was lodged against the applicants and five others and according to the FIR, applicants along with their associates made assault through the wooden stick and due to assault made by them three persons sustained injuries and out of three, one person died.

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Learned counsel for the applicants submitted that initially in the present matter an N.C.R. was lodged under Sections 323, 504 IPC against four persons including applicants and after the death of one injured Krishna Devi, FIR was lodged against eight persons. He further submitted that on the basis of general allegation applicants along with others were made accused in the present matter

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and when the statements of the two injured Sher Singh and Rajeev were recorded during investigation then they categorically stated that co-accused Bhim Singh caused lathi blow on the head of the deceased and from the perusal of the post-mortem report of the deceased, it appears that she died due to head injury, therefore, it appears that role of causing head injury to the deceased was assigned to co-accused Bhim Singh and only general role has been assigned to the applicants and two others for causing injury to Sher Singh and Rajeev and from the perusal of the injury report of both the injured, it appears that they sustained one injury each on their head but it is no where mentioned that applicants are the author of those injuries.

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Per contra, learned AGA although, opposed the prayer for bail but could not dispute the fact that in the present matter, two person sustained injuries and when their statements were recorded under Section 161 Cr.P.C. then they assigned the role of causing head injury to co-accused Bhim Singh and only on the basis of general allegation applicants have been made accused in the present matter along with 5 others.

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I have heard learned counsel for the parties and perused the record of the case.

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In the present matter one person lost her life and two persons sustained injuries and although, there is allegation that applicants along with 5 persons made assault through wooden-stick but when the statements of both the injured Sher Singh and Rajeev were recorded by the investigating

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officer during investigation, then they stated that coaccused Bhim Singh caused head injury to the deceased Krishna Devi and from the perusal of the post-mortem report of the deceased, it appears that she died due to head injury, therefore, it appears that role of causing head injury due to which deceased died has been assigned to coaccused Bhim Singh and allegation against the applicants is that they along with other accused persons caused injury to Sher Singh and Rajeev and even deceased to but deceased died due to head injury and role of causing head injury to her was assigned to co-accused Bhim Singh and from the injury report of the injured, it appears that they sustained one injury each on their head but it is no where stated that applicants were the author of those injuries and no injuries were found dangerous to life, therefore, in my view applicants are entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicants- Arjun , Rajesh and Satyendra be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicants shall appear before the trial court on the dates fixed, unless their personal presence is exempted.

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(ii) The applicants shall not directly or indirectly, make 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 any police officer or

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tamper with the evidence.

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(iii) The applicants shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicants.

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Order Date :- 20.4.2023 KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Arjun and 2 Others v. State of U.P.

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Arjun and 2 Others v. State of U.P.

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