Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44649 of 2021 Applicant :- Ateeq Opposite Party :- State Of Uttar Pradesh Counsel for Applicant :- Mehdi Abbas,Rakesh Kumar Maurya Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 315 of 2018, under Sections 302, 307 IPC, Police Station - Debai, District - Bulandshahar with the prayer to enlarge the applicant on bail.
The FIR of this incident was lodged on 26.06.2018 on the complaint of Smt. Lata Giri against the present applicant Ateeq and three unknown persons. It is mentioned in the FIR that complainant's father-in-law - Faqir @ Dablu Giri son of late Shri Rohan Lal left the home to bus stand and it was at about 7:30 P.M. in the evening of 25.06.2018 on the way that present accused Ateeq with 2-3 other unknown persons stopped and beaten Faqir (deceased). The FIR also mentions of the assault made with brick by the present accused Ateeq which hit his head to go burst. The injured was taken to hospital where he died during the treatment.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and he has been falsely implicated in the present case. It is also argued that the FIR was lodged against two and three unknown persons, however, the police has submitted the charge sheet only against the present accused. It is also submitted by the learned counsel for the applicant that the evidence of all the witnesses is not reliable as they all are family members of the deceased. Lastly, it is argued that the applicant is in jail since 26.06.2018 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail. It is argued by him that the incident happened in the night on 25.06.2018 and it was promptly reported to the police next morning. At first, the injured was taken to the hospital for treatment and there is evidence of the eye witness namely Pankaj Giri @ Babli Giri who had stated that since a day before threatening was given by Ateeq to beat his father first and then son and grandson too, in the next morning it got refreshed in his mind and he began to apprehend of some causality with his father, that's why just after his father departed to the bus stand, this eye-witness also followed behind and he saw his father was being assaulted by the present accused Ateeq with bricks. This incident of assault by Ateeq was also witnessed by Giriraj. The bail application of the present applicant has no merit and is liable to be rejected. The learned AGA also argues that the medical examination report of the deceased corresponds with the evidence of the eye-witness Pankaj Giri and it shows that he had received lacerated wounds, contusion on his forehead, skull and on his left thigh, which might be caused due to hitting by bricks.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant, considering that the deceased was brutally assaulted with bricks by this accused Ateeq, considering that the deceased had received contusions and lacerated wounds on his head, forehead and skull and considering all other attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, no case for bail is made made out and the bail application is liable to be rejected.
The bail application is rejected. Order Date :- 27.10.2021 LBY Digitally signed by Justice Ajit Singh Date: 2021.11.23 10:56:59 IST Reason: Document Owner Location: High Court of Judicature at Allahabad