By means of this application, the applicant, who is involved in Case Crime No. 03 of 2021, under sections 147/148/149/323/307/506/302 of the Indian Penal Code, Police Station-Gadaganj,District-Raebaeli is seeking enlargement on bail during the trial.
According to the version in the F.I.R. dated 03-01-2021 is that on 03-01-2021 at about 06.30 A.M., four named accused persons and five unknown persons attacked with Saria and Belcha, due to blow of Belcha on the head of the father of the informant, who succumbed to his injuries. The other persons also received injuries in the incident.
Learned counsel for the applicant has submitted that the applicant is not named in the F.I.R.
It is further submitted that as per the version in the F.I.R., the incident took place at around 06.00-06.30 A.M. in the morning and the applicant is the cousin brother of the informant, but, his name has not been mentioned in the F.I.R.
It is further submitted that the informant in his statement recorded and the other injured persons in their statements recorded under section 161 Cr.P.C. have specifically assigned the role of blow by Belcha on the head of the deceased by one co-accused Anuj Kumar.
It is further submitted that there is general allegation of assault on the other injured persons and no specific role has been assigned to any of the co-accused persons including the present applicant except the specific role has been assigned to co-accused Anuj Kumar, hence, it is very difficult to ascertain that who is the author of the injuries to the other injured persons.
It is further submitted that the injuries inflicted upon the other injured persons in the last after the X-Ray reports come out as a minor injuries.
It is further submitted that the applicant has falsely been implicated in the present case due to family dispute between the applicant and the informant regarding partition of property which is going on( but not pending in any competent court of law).
It is further submitted that the applicant has no criminal history and he is languishing in jail since 09.02.2021.
On contra, learned A.G.A. and Sri Gyaneshwar Prasad Pandey, learned counsel for the complainant have opposed the prayer for grant of bail and submitted that earlier a day before the incident, an F.I.R. has been lodged against the accused persons namely Arun Kumar, Anuj Kumar and Dilip Kumar and after lodging of the said F.I.R., on the very next day, the accused persons including the applicant had attacked on the family of the informant, but, unable to dispute the fact that in the F.I.R. dated 02-01-2021, enclosed as Annexure C.A.-1 to the Counter Affidavit filed on behalf of the complainant, the named accused person Arun Kumar is a different person, name of accused person is "Arun Kumar, S/o Sri Sant Baksh Singh", whereas, the name of the present applicant is "Arun Kumar, S/o Sri Maiku",Learned counsel for the applicant failed to dispute this fact and also the submissions raised by the learned counsel for the applicant.
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 applicant has made out a fit case for grant of bail. Hence, the bail application is hereby allowed.
Let the applicant,Arun Kumar Urf Guni, involved in Case Crime No. 03 of 2021, under sections 147/148/149/323/307/506/302 of the Indian Penal Code, Police Station-Gadaganj,District-Raebaeli be released on bail on furnishing personal bond and two sureties each in 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 :- 17.8.2021 AKS