Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38344 of 2019 Applicant :- Manjh Lal Vishwakarma @ Manj Lal Vishwakarma Opposite Party :- State Of U.P.
Counsel for Applicant :- Manohar Prasad Gupta Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A., appearing for State and perused the record.
This application, under Section 438 Cr.P.C., has been filed by the applicant, Manjh Lal Vishwakarma @ Manj Lal Vishwakarma, for grant of anticipatory, bail during the course of investigation, in Case Crime No.310 of 2019, under Section 304 I.P.C., Police Station Bhadohi, District Bhadohi.
Learned counsel for applicant argued that the accused-applicant is innocent; he has been falsely implicated in this very case crime number, whereas, the deceased was under influence of liquor and he jumped from upstairs to down, resulting in injuries, sustained by him; he has been taken to the hospital by the accused-applicant, wherein, presence of alcoholic breath was there; injuries, sustained, were mentioned in the medical report; he was treated at the hospital, but subsequently succumbed to injuries and thereby this case, with considerable delay, was got lodged by the informant against the accused-applicant. Accused-applicant is having no criminal antecedents. Therefore, a prayer, for grant of anticipatory bail, during investigation of instant case crime number, has been made.
Learned A.G.A. has vehemently opposed the prayer for anticipatory bail with this contention that it is a case of culpable homicide, punishable, under Section 304 IPC, which is a very heinous offence. It was an offence of 9.8.2019, which was instantly got reported on 10.8.2019, after the death of the deceased, who was taken inside the house, in the night, by the next door neighbour, accused-applicant, and was beaten at 3.00 AM and thereafter taken to the hospital where he succumbed to injuries. There were seven injuries, which were anti-mortem. Hence, prayer for grant of anticipatory bail be rejected.
Having heard learned counsel for both sides and gone through the first information report, it is apparent that injured has sustained injuries at the home of accused-applicant, that too, in the night at 3.00 AM and it was accused-applicant, who got him admitted at the hospital, having injuries over his person, as mentioned in the medico legal report. Incident was reported at Dial 100 and after the death of the deceased, this report was got lodged against accused-applicant by name that he had given anti-mortem injuries to the deceased, resulting in death of the deceased.
Under all above fact and circumstances, but without commenting on merits of the case, it is not a fit case for grant of anticipatory bail to the accused-applicant.
Accordingly, this Anticipatory Bail Application stands rejected.
Order Date :- 30.9.2019 bgs/