Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Present bail application has been filed by the applicant in Case Crime No. 0224/2021, under Sections- 304, 504 IPC, Police Station- Kotwali Biswan, District- Sitapur with a prayer to enlarge him on bail.
Learned counsel for applicant submitted that the applicant is innocent and he has falsely been implicated in the instant case. Learned counsel for the applicant further submitted that in the instant case, the FIR was lodged on 11.04.2021 at about 2.45 PM with regard to the incident alleged to have taken place on 09.04.2021. The FIR was lodged against the applicant and two unknown persons. As per the FIR, the applicant and other co-accused assaulted the deceased with kicks and fists. It is also mentioned in the FIR that the deceased Ravi Trivedi and his brother as also the applicant were apprehended by the police and all were arrested and two unknown persons ran away from the scene of crime. As per the FIR, the deceased Ravi Trivedi died on account of injury sustained. Learned counsel for the applicant further submitted that in the instant case, the mother of deceased moved an application before the in-charge P.S.- Biswan, District- Sitapur, as per which, it appears that there was enmity between the deceased and the applicant. The allegations made in the said application are to the effect that the deceased Ravi Trivedi solemnized marriage with Ms. Soni wife of the applicant, as such, the relations between the deceased and the applicant became inimical, on account of which, an altercation took place on 09.04.2021 at about 8 PM. Learned counsel for the applicant further submitted that the story of the prosecution if taken on its face value even then the offence as alleged by the prosecution against the applicant is not made out. Elaborating her arguments, learned counsel for the applicant further submitted that after the incident, the deceased was admitted in Hospital, where he was treated and ultimately expired on 10.04.2021. The post mortem was conducted. As per the post-mortem report, the cause of death is not ante mortem injuries, in fact, no injury was found on the body of the deceased. The Autopsy Surgeon could not ascertain the cause of death. Based on the post-mortem report as also the documents annexed as Annexure Nos. 8, 11 & 12 to the bail application, learned counsel for the applicant further submitted that Autopsy Surgeon in the post-mortem report has opined that membranes- congested, brain- congested, pleura- congested, lungs- bilateral congested, heart- right side empty and clotted blood in left chamber of heart, liver- congested GB-full, spleen- congested, pancreas- congested, kidneys- bilateral congested and the doctor has stated that on the body of the deceased, no ante mortem injury was found and the reason of blood clotting is heart attack. Learned counsel for the applicant further submitted that in the altercation alleged to have taken place on 09.04.2021, in fact, no injury was caused to the deceased and it appears from the medical opinion. He on the basis of aforesaid documents and statement of doctor further submitted that it appears that the deceased expired either on account of COVID-19 or any other cause, however, the cause of death is not injury caused in the altercation. Learned counsel for applicant further submitted that applicant is in jail since 11.04.2021 and he has no criminal history/antecedents. In these circumstances, the instant application for bail may be allowed and the applicant may be released on bail.
It is lastly submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned AGA opposed the prayer for bail, however, he could not dispute the aforesaid aspect of the case particularly the opinion of doctor in this regard.
Considering the facts and circumstances of the case, the nature of allegations, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail as also the medical opinion of doctor and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Let the applicant- Lucky Naag involved in aforesaid Case Crime Number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(6) 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.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 27.8.2021 Arun/-