Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32993 of 2021 Applicant :- Prince @ Pramod Bind Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Vikram Singh Counsel for Opposite Party :- G.A.,Pradeep Kumar
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the first informant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 71 of 2021, under Sections 147, 148, 149, 304, 323, 504 and 506 IPC, P.S. Nandganj, District Ghazipur, with the prayer to enlarge him on bail.
It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. The first information report has been lodged against six accused persons including the applicant and that only general role has been assigned to all the accused persons including the applicant. There is no motive on the part of applicant to cause death of deceased. It was submitted that though, as per postmortem report, deceased has sustained six injuries but there is no such evidence that which of the accused has caused the said fatal injuries. Learned counsel for the applicant has referred the statement of injured witnesses and submitted that only general role has been assigned to applicant. Lastly, it was submitted that the applicant is languishing in jail since 01.04.2021 and that in case the applicant is released on bail, he will not misuse the liberty of bail and cooperate in the trial.
Learned A.G.A. and learned counsel for the first informant have opposed the prayer for bail and argued that applicant is named in first information report. Learned counsel for the first informant has referred the statement of first informant, wherein the role of attacking the deceased with bamboo stick has been attributed to applicant and role of assault with stick to co- accused Ram Vilas and it was alleged that other co-accused persons have assaulted the deceased with leg and fists. It was submitted that deceased has sustained as many as six injuries including two fracture and that these injuries were caused by stick and bamboo sticks. Besides the death of deceased, two persons have sustained injuries. It has been further submitted that bail of co-accused Ramvilas has already been rejected by co-ordinate Bench of this Court vide order dated 27.08.2021, passed in Criminal Misc. Bail Application No. 30964 of 2021.
Considering the submissions of learned counsel for the parties, nature of accusation, gravity of offence and all attending facts and circumstances of case, the applicant is not entitled to be enlarged on bail. Hence, the bail application of applicant Prince @ Pramod Bind is hereby rejected.
Order Date :- 24.9.2021 A. Tripathi