Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52679 of 2019 Applicant :- Ankit Rai @ Lucky Opposite Party :- State of U.P.
Counsel for Applicant :- Raj Kishor Mishra Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, Sri Rajesh Mishra, learned Brief Holder on behalf of the State as well as Sri Vinay Saran, learned Senior Counsel assisted by Sri Pradeep Kumar, learned counsel for the informant and perused the record.
The present bail application has been filed by the applicant in case crime No.22 of 2019, under Sections 302, 120-B, 506 I.P.C., Police Station Kopaganj, District- Mau with the prayer to enlarge him on bail.
For the purposes of evaluating the prayer for bail, the Court notes the first submission which is to the effect that the post mortem report evidences as many as five injuries having been caused to the deceased whereas the FIR specifically attributes the act of assault only to the applicant with one other person holding the deceased back. According to the learned counsel, two other persons who were placed on the scene of crime are said to be only passersby and strangers. It has further been submitted that the weapon which is stated to have been recovered, could not be viewed as being the one which could possibly have caused injury no.1 since that weapon is heavy and even a singular blow of the same would be fatal.
Having considered the submission so addressed, the Court finds itself unable to countenance the same for reasons which follow. Firstly injury nos.2, 3 and 4 are stated to have been caused behind the left ear of the victim. The principal injury was caused on the right side of the skull. Undisputedly at a time when a person is being assaulted, it cannot be assumed or even imagined that the head would remain stationary. Insofar as the second submission is concerned, the Court notes that the injury which is caused was bone deep on the back side of the skull. At this stage the Court finds no material to detract from the submission that the weapon recovered was in fact used in the commission of the crime. In that view of the matter, the Court finds no ground to enlarge the applicant on bail.
Consequently, the application is rejected. However the concerned Sessions Judge is directed to conclude the trial with expedition bearing in mind the provisions made in Section 309 Cr.P.C.
Order Date :- 28.11.2019 Vivek Kr.