Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23754 of 2019 Applicant :- Braj Mohan Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Singh Gour,Ashutosh Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Supplementary affidavit filed today is taken on record.
This bail application has been filed by the applicant Braj Mohan, who is involved in case crime no. 0152 of 2018, under Sections 147, 148, 149, 452 and 302 IPC, Police Station Rajpura, district Bhim Nagar (Sambhal).
Submission of learned counsel for the applicant is that applicant is innocent and has not committed the present offence. Although he is named in the FIR but entire facts mentioned in the FIR is based on enmity. None has seen the incident. Even informant is also not eye account witness. It is further argued that during investigation Investigating Officer has exonerated one of the accused named in the FIR who was also assigned the role for causing fire arm injuries. This fact itself collapsed the prosecution case. It is next contended that prosecution itself has admitted enmity between the parties. One FIR has already been lodged on behalf of the applicant side against the informant and due to that reason applicant was implicated in this case. Referring to the contents of the FIR it is also argued that enmity shown in the FIR against the applicant is not substantiated with the evidence as the entire property of the maternal grand father of the applicant and the informant has been taken away by one Jwala Devi, sister of the mother of the applicant and the informant. Therefore, there was no occasion to commit the present offence on the part of the present applicant. Medical evidence also does not support the oral version. FIR was lodged belatedly but no plausible explanation has been given. Thus referring to the entire facts and circumstances of the case, it was also argued that co-accused Ved Prakash in the similar circumstances has been released on bail on 1.11.2018 vide Criminal Misc. Bail Application No. 40682 of 2018. Applicant having no criminal antecedent is also entitled for bail.
Learned A.G.A. argued that role assigned to the present applicant is for causing fire arm injury to the deceased. Referring to the post mortem report, it is also argued that Doctor conducting the post mortem has found fire arm injury on the body of the deceased. Time of death shown in prosecution evidence is also tallied with the opinion expressed by the Doctor. Role assigned to the present applicant is distinguishable with the role of the co-accused Ved Prakash, already granted bail. There are eye account witnesses and their presence at the place of occurrence is not doubtful. FIR was lodged promptly. If Investigating Officer has exonerated one of the accused named in the FIR, applicant cannot be enlarged on bail on that ground. Prima facie case is made out against the applicant.
Having regard to the facts and circumstances of the case and hearing the parties, going through the entire evidence including the statement of the witnesses recorded during investigation, medical evidence and also without expressing any opinion on the merits of the case, I am of the view that it is not a fit case for bail.
The application is rejected.
Order Date :- 25.6.2019 Sachdeva