Heard Sri Rajendra Kumar Tripathi, learned counsel for the applicant, Sri Akhilesh Kumar Dwivedi, learned counsel for the informant and Sri G. P. Singh, learned A.G.A. for the State and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 1482 of 2018, under Sections 147, 148, 149, 302, 120B & 34 of I.P.C., Police Station Baghpat, District Baghpat.
As per F.I.R., which was lodged by Vipin Singh Patel, it has been stated that on 11.06.2020, when her sister Roli had picked up some mangoes from the groove of Kalyan Singh, she was badly abused by the accused applicant and she returned home and disclosed about the occurrence to her father. Thereafter, in the night at about 09:30PM, the informant and his father went to look after their field where the accused applicant met them and then he had asked as to why his daughter was abused then accused applicant and other co-accused had come there armed with lathi and started assaulting the deceased due to which he had died. In post mortem report, the deceased is found to have sustained multiple laceration and contusions on parietal region and face.
It is argued by learned counsel for the applicant that the accused applicant has been falsely implicated in the present case; he is totally innocent. It is further argued that there is no motive and it is unbelievable that only for picking up a mango such kind of occurrence would happen. Accused is lying in jail since 14.06.2020. He has no criminal history. If he is released on bail, he would not misuse the liberty.
Learned A.G.A. and learned counsel for the informant have vehemently opposed the prayer of bail and have drawn attention towards the statement of injured Vipin Singh, annexed at page no. 19 of the paper book, wherein, he has assigned role of making assault to accused applicant and other co-accused upon the deceased by lathi in their hands. It is further argued that recovery of lathis which were used in the commission of offence has been made at the joint pointing out of the accused applicant along with other co-accused and the post mortem report corroborates the eye witness account,therefore, bail application of the accused applicant should be rejected.
Looking to the fact that there is eye witness account and post mortem report corroborated the version of the F.I.R., I do not find it to be a fit case for grant of bail to the accused-applicant.
Accordingly, bail application of the applicant, is rejected.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same strictly in accordance with the provisions contained in Section 309 Cr.P.C. within a further period of one year from the date of production of a certified copy of this order.
Furthermore, it is clarified that the observations, if any, made herein above shall be strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 19.2.2021 VPS