By means of this application, the applicant, who is involved in Case Crime No.7 of 2019, under Sections - 147, 148, 149, 302, 307, 323, 504, 506/34 I.P.C. and Section 4/25 Arms Act, Police Station - Banthra, District - Lucknow, is seeking enlargement on bail during the trial.
According to the version of the F.I.R., on 10/01/2019 at about 4.00 PM the son of the complainant Vipin was working in his field. Bharath was also present in nereby the field. On account of old dispute, the accused persons including the present applicant reached on spot and started beating with axe, Lathi and Danda with intention to kill him. The present applicant, co-accused Brajesh and Ramchandra were specially assigned the role of having knife and axe in their hands. They started assaulting with their weapons. On the alarm raised by the complainant, some person reached there, then the accused persons ran away from the scene of occurrence. The injured Vipin succumbed to his injury.
Learned counsel for the applicant has submitted that all other accused persons have been granted bail by this Court in the year 2019 itself except the present applicant, who have been assigned the role of stabbing by knife. It is further submitted that as per version of the F.I.R. and the statement of the informant recorded on 11.01.2019, the applicant and Brajesh stabbed by knife to the deceased. It is further submitted that only after post-mortem report of deceased Vipin, where the only one injury of knife is mentioned. The statement of other prosecution witnesses were recorded after the post-mortem report, they have stated that the role of inflicting stabbed wound by knife has been assigned to the present applicant. It is further submitted that the name of the applicant is Biresh, in support of it several documents have been enclosed alongwith the bail application including PAN, Adhar, etc. whereas in the F.I.R. name has been mentioned as Ajesh. It is also submitted that the applicant is neither named in the F.I.R. nor he was present at the place of occurrence at the time of alleged incident. On the mistaken identify, the applicant has been made accused in this case. The applicant has falsely been implicated in the present case and having criminal history of one case, which is triable by Magistrate, in which the applicant is on bail. It is further submitted that there is no repetitive injury of knife, hence at any strech of emagination the case could be made out under Section 304 I.P.C. in place of Section 302 I.P.C. The applicant is languishing in jail since 13.01.2019.
Learned A.G.A. has failed to dispute contradictions between F.I.R, the statement of the informant recorded prior to the post-mortem report and the statements of the witnesses recorded after the post-mortem report where the prosecution witnesses have improvised the case.
After examining the application and the documents enclosed with the bail application, keeping in view the nature of offence and facts and circumstances of the case, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant (Anjesh @ Viresh) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
(i) The applicant 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 :- 28.7.2021 S. Kumar