Heard Shri Jai Prakash, learned counsel for the applicant, Shri Mool Chandra, learned counsel for informant as well as the learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. There was no intention or motive against the applicant to commit the present offence. If entire prosecution case is taken into consideration then also at the most offence under Section 304 IPC is attracted in the matter. It is further submitted that nothing was mentioned in the F.I.R. regarding use of 'axe' for committing the present offence. For the first time in the statement of witnesses recorded under Section 161 CrPC use of 'axe' in commission of the present offence came into light. It is next contended that cause of death of deceased is ante mortem injuries. If this fact is taken into consideration then also no specific role has been assigned against the applicant. Role assigned to the applicant in the statement under Section 161 CrPC is after thought and advise. It is further submitted that there is a cross version of the matter. F.I.R. was also lodged in cross version for the offence under Sections 323, 504, 506 IPC and SC/ST Act on the part of the applicant on the basis of order passed under Section 156(3) CrPC. No prima facie case is made out against the applicant. Medical evidence does not support the oral version. The applicant has no criminal history. He is languishing in jail since 18.8.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned counsel for informant as well as the learned AGA opposed the prayer for bail and submitted that it is a clear case for the offence under Section 302 IPC. All named accused had beaten the deceased with lathi and danda. Specific role has been assigned to the applicant for causing injury to the deceased with the weapon 'axe'. At this juncture, learned counsel for informant referred to post mortem report and further submitted that a prima facie case is made out against the applicant. Applicant cannot be released on bail on the basis of bail order passed in respect of co-accused Gorelal Pasi.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses recorded under Section 161 CrPC 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 is liable to be rejected and the same is accordingly rejected.
Order Date :- 25.8.2021 safi