Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17282 of 2019 Applicant :- Naresh Srivas Opposite Party :- State Of U.P.
Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant is that after counting details of various timings involved in this case specific question has been raised that the FIR is ante timed; there was no motive for the applicant to commit the offence; the fact is that the brother of the deceased Rahul came to know about the illicit relationship of his sister(deceased), committed the offence and while trying to save the deceased Pooja and Rahul sustained injuries; the applicant was deliberately dragged in this case without any reason; FIR was lodged on 29.9.2018 at 4.11 p.m. whereas the incident occurred on at 11.30 a.m. on 2.9.2018; inquest report indicates cutting in the timing, which shows that manipulation has been made; injury report of the applicant at page 64, annexure- 8 indicates as many as eight injuries on the applicant and surprisingly, medical examination of the applicant took place at C.H.C. Mauranipur on 2.9.2018 at 11.45 p.m. and he was brought by Constable No.1762 Narendra Singh; false recovery has been imputed to the applicant on 3.9.2018 and the arrest was also shown on 3.9.2019 whereas the medical report itself indicates the fact that the police had already caught the applicant on 2.9.2018 copy of the Medical Examination is dated 2.9.2018 prior to the lodging of the FIR.
In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant does not bear any criminal history and is languishing in jail since 3.9.2018.
The learned counsel for the applicant submitted that injured witnesses Pooja and Rahul have supported the prosecution story, however, they could not satisfy the court about to the medical examination of the applicant prior to his arrest (3.9.2018) on 2.9.2018 at C.H.C. Mauranipur district Jhansi.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. has not disputed the aforesaid facts regarding medical examination of the applicant on 2.9.2018 and 7 to 8 injuries shown to have been caused to the appellant.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Naresh Srivas involved in Case Crime No.333 of 2018, under Sections 302,307 I.P.C. Police Station Mauranipur, District Jhansi be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 26.4.2019 N.A.