Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5184 of 2019 Applicant :- Govind Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjeev Kumar Sharma,Yadavendra Dwivedi Counsel for Opposite Party :- G.A.,Lalji Yadav,Yashpal Yadav
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned counsel for the complainant as well as Sri Mayank Misra, learned Brief Holder for the State and perused the record.
According to prosecution case, FIR was lodged against three persons namely, Arvind, Govind and Hori Lal alleging that on 29.5.2018 at 9 P.M. they assaulted Kunwar Lal and Munna Lal. Munna Lal received no injury and Kunwar Lal died sustaiing one injury on his head. Two bloodstained sticks(lathi) have been recovered at the pointing out of Arvind and Govind.
Learned counsel for the applicant submitted that applicant is languishing in jail since 31.5.2018(more than one year and two months). There is one criminal complaint against the applicant. According to FIR, general role has been assigned to all accused persons and according to postmortem report only one injury was found on the head of deceased whereas injured Munna Lal stated in his statement recorded under section 161 Cr.P.C. that when Kunwar Lal came to rescue him, accused Govind assaulted Kunwar Lal on his head. The applicant has been falsely implicated after thought and legal consultation. Medical of so-called injured Munna Lal was not done, only x- ray was done and he has received no injury. There is no independent witness. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned Brief Holder opposed and submitted that according to statement of Munna Lal (so-called injured) and Jai Chand and Neeraj(both so-called independent witnesses), specific role was assigned to the applicant and bloodstained stick was also recovered from the applicant. Deceased Kunwar Lal was main witness in previous case, hence he was killed. Therefore, the bail application is liable to be rejected.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has not made out a case for bail. The bail application of applicant Govind involved in Case Crime No.252 of 2018, under Section 323, 504, 506, 302 IPC, Police Station Rasoolabad, District Kanpur dehat is hereby rejected.
Court concerned is directed to decide the case according to Section 309 Cr.P.C. if there is no legal impediment.
SSP/SP, Kanpur Dehat is directed to ensure presence of witnesses summoned by the Court concerned.
Office is directed to send copy of this order to SSP/SP, Kanpur Dehat and the Court concerned within four days by fax, e-mail and speed post.
Order Date :- 31.7.2019 P.P.