By means of this application, the applicants, who are involved in Case Crime No. 0071 of 2021, under sections 323,504 & 304 of the Indian Penal Code, Police Station-Kotwali Gola, District- Kheri is seeking enlargement on bail during the trial.
Learned counsel for the applicants has submitted that as per the version in the F.I.R. dated 17-02-2021 is that all the accused persons started assaulting or beating with Lathi due to which Harish Kumar had succumbed to his injuries.
It is further submitted that neither in the F.I.R. nor in the statements, any specific role has been assigned to any of the co-accused persons including the present applicants.
It is further submitted that it is very difficult to ascertain that who is author of the injuries due to which Harish Kumar succumbed to his injuries.
It is further submitted that as per the post-mortem report there is only one injury on the head of the deceased in the area 28 c.m. x 20 c.m. with multiple contusions and there is no other injury inflicted upon the body of the deceased.
It is further submitted that ocular evidence does not corroborate with the medical evidence.
It is further submitted that applicants are innocent and having no criminal history and have falsely been implicated in the present case. The applicant, Amit Kumar Maurya is languishing in jail since 18-02-2021 and the applicant, Manoj Kumar Maurya is languishing in jail since 15-03-2021.
On contra, learned A.G.A. opposed the prayer for grant of bail and submitted that there is one injury on the head of the deceased with multiple contusions, meaning thereby that there are more than one injury and as per the version in the F.I.R. and the statements, an offence is made out against the applicants.
In reply thereto, learned counsel for the applicants has submitted that the multiple contusions at the same area meaning thereby the repeated blows and it is very difficult to imagine that four persons are hitting or assaulting at the same place without inflicting any injury upon the other parts of the body of the deceased. Even though, from the said evidence, it could not be ascertained that who is author of those injuries.
Learned A.G.A. has failed to dispute the submissions raised by learned counsel for the applicants.
After hearing the submissions made by the learned counsel for the parties and examining the material available on record, keeping in view the nature of offence and totality of facts and circumstances of the case and without entering into the merits of the case, I am of the view that the applicants have made out a fit case for grant of bail. Hence, the bail application is hereby allowed.
Let the applicants,Amit Kumar Maurya and Manoj Kumar Maurya, involved in Case Crime No. 0071 of 2021, under sections 323,504 & 304 of the Indian Penal Code, Police Station-Kotwali Gola, District- Kheri be released on bail on their furnishing personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
(i) The applicants shall, however, co-operate and attend the proceedings at every stage without seeking unnecessary adjournments just to prolong the proceedings.
(ii)The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(iii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(iv) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 16.8.2021 AKS