Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11074 of 2018 Applicant :- Amrendra Singh @ Raju Opposite Party :- State Of U.P.
Counsel for Applicant :- Manish Tiwary,Ashwini Kumar Awasthi Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Sri Manish Tiwary, learned counsel for the applicant, learned AGA for the State and perused the record.
The instant application for bail has bee filed by the applicant Amrendra Singh @ Raju involved in Case Crime No. 235 of 2016, under sections 324, 352, 307 and 302 IPC, P.S. Ahraura, District Mirzapur, who is suffering incarceration in jail since 06.03.3016.
Submission made by the learned counsel for the applicant that though initially FIR was registered under sections 324 and 352 IPC by one Rameshwar Prasad, P.S. Ahraura, District Mirzapur. From a perusal of the reocrd it is clear that the FIR is prompt one and name of the applicant Amrendra Singh @ Raju finds place at serial no. 3 amongst other two named co-accused in the FIR. Applicant Amrendra Singh @ Raju and Guddu both were attributed the role of giving fatal knife blow to the deceased. Thus it is clear that the applicant actively participated in the commission of crime. It is next submitted by the learned counsel for the applicant that initially the injured were taken to Ahraura by his attendants, from where taking into critical condition of the victim, he was referred to Varanasi Trauma Centre, SSL Hospital, BHU. The attendants of the victim got the victim admitted in the aforesaid hospital. The admit card of the SSL Hospital shows that sustained stab injury left flunk near left kidney grade 4. Somehow or the other, the attendants of the victim were not satisfied with the medicines and all other treatments the victim underwent, therefore, against the medical advise of the SSL Hospital the attendants got the victim admitted in Singh Medical Research & Diagnosis Centre Pvt. Ltd, Varanasi. Attention of the Court was drawn to the fact by the learned counsel for the applicant that after taking away from the SSL Hospital in the Singh Medical Research & Diagnosis Centre Pvt. Ltd, Varanasi the victim was admitted in Intensive Care Unit and the X-ray of the victim reveals that there was homogenous opacity in middle zone of right lung filed. Right Cerebral Palsy (CP) appeared to be obscured and it was suggested that the victim was having Pnuemanit with right side and intestinal perforation was also suggested. The victim breathed last on 05.03.2016. The death certificate of the deceased shows that the patient was suffering from old case of stab injury Abdomen (multiple along with bowel perforation) with septicaemia. The post mortem of the carcass was conducted on 05.03.2016 which also corroborates the same finding. Thus, it is clear that on account stab injury, the applicant was admitted in the hospital and there was perforation all the way which further gets aggravated on account of certain infections in the lungs. The genesis is undoubtedly stab injuries sustained by the injured. During the arguments, learned AGA pointed out the bail order dated 19.09.2017 of co-accused Amit Kumar Singh @ Guddu passed by coordinate Bench of this Court in Criminal Misc. Bail Application No. 18004 of 2016 wherein while granting bail to the co-accused Amit Kumar Singh @ Guddu the coordinate Court very categorically distinguished the case of the co-accused with the present applicant Amrendra Singh @ Raju holding therein that the deceased was given fatal knife blows by the present applicant. The injured too in the statement recorded under section 161 Cr.P.C., has attributed the role of giving fatal knife blow to the deceased Pramod.
Keeping in view the severity of the offence, evidence, complicity of the accused, without expressing any opinion on merits, this Court declines to grant any relief to the accused applicant.
The application for bail is, accordingly, rejected.
However, the trial court is directed to gear up the trial of the aforesaid case and conclude the same by 31.12.2018 in accordance with law, without granting any unnecessary adjournment to either of the parties, provides the applicant fully cooperates in conclusion of the trial.
Office is directed to transmit a certified copy of this order to the court concerned within a fortnight.
Order Date :- 27.3.2018 shailesh