Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32530 of 2021 Applicant :- Amit Rajbhar And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Anish Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Second supplementary affidavit filed by the learned counsel for the applicants, is taken on record.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicants in case crime no. 116 of 2021, under Sections 147, 148 and 304 IPC, P.S. Karimuddinpur, District Ghazipur, with the prayer to enlarge him on bail.
It has been argued by the learned counsel for the applicants that applicants are innocent and they have been falsely implicated in this case. The first informant is not an eye-witness of incident and she has not clarified that on what basis she has named the applicants. There is undue delay in lodging the first information report as alleged incident took place on 03.06.2021 during day time but first information report was lodged at 8:02 PM on 03.06.2021. Referring to postmortem report of deceased, it was submitted that it appears that injuries sustained by the deceased were caused in some accident. In FIR, general role has been assigned to all the four named accused persons and one unknown person and no specific role has been assigned to applicants. The applicants have no motive at all to cause any harm to deceased or to cause his death. Learned counsel submitted that statements of alleged eye-witnesses, namely, Sudama Rajbhar, Dabloo Rajbhar and Amar Kanaujia, are thoroughly false and improbable and there is long and undue delay in recording the statements of these witnesses. Further, alleged witness Sudama Rajbhar has stated that he is brother of deceased but at that time he did not try to intervene in the incident and there is no explanation for long delay in recording his statement. Learned counsel submitted that statements of these witnesses are not reliable and that now the applicants are languishing in jail since 11.06.2021, having no criminal history and that in case the applicants are released on bail, they will not misuse the liberty of bail and cooperate in the trial.
Learned A.G.A. has opposed the prayer for bail and argued that applicants are named in first information report and that there are three eye-witnesses of the incident, who have clearly stated that applicants were assaulting the deceased with lathi and rod. It was also pointed out that as per postmortem report, the deceased has sustained six injuries and that cause of death was shown coma as result of antemortem head injury.
Considering the submissions of learned counsel for the parties, nature of allegations, gravity of offence and all attending facts and circumstances of case, the Court is of the opinion that it is not a fit case for bail. Hence, the bail application of applicants Amit Rajbhar and Ashu Rajbhar is hereby rejected.
Order Date :- 27.10.2021 A. Tripathi