Learned counsel for the complainant files counter affidavit and learned A.G.A files counter affidavit, which are taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the complainant.
The accused-applicant Ram Sagar Tiwari alias Surya Mani Tiwari is involved and detained in Case Crime No. 166 of 2009, under Sections 326, 304 I.P.C., from Police Station Jahangirganj, District Ambedkar Nagar.
The prosecution case as disclosed in the FIR in brief is that the deceased Ram Dayal and his wife Kushlawati Devi (injured), resident of Naseerpur Chitauna, Police Station Jahangirganj, District Ambedkar Nagar on the night of 06/07.05.2009 were sleeping on the same cot. The brother of deceased Vijay Prakash (complainant) was also sleeping on another cot in the side of deceased. On the night of occurrence at about 2.00 A.M. accused Sagar Tiwari alias Surya Mani Tiwari, son of Siya Ram Tiwari thrown acid on the deceased and his wife. Both of them raised alarm. Consequently, the complainant lit his torch and saw the accused in the light of torch and identified him but he escaped away. Both injured were taken to district hospital, Ajamgarh. Ram Dayal was referred to Lucknow. He was admitted in Civil Hospital, Lucknow where he succumbed to his injuries.
The submission of learned counsel for the applicant is that the occurrence is said to have taken place at about 2.00 A.M. There was no source of light at the place of occurrence. Both injured were under fast asleep. It might be possible that someone other than the accused would have thrown acid on the deceased and his wife but it was not be possible that the deceased, his wife (injured) and the complainant would have seen the accused, who had thrown acid on the deceased and his wife. Smt Kushlawati Devi in her statement under Section 161 Cr.P.C. recorded by the Investigating Officer has named one more person, namely, Ajai Tiwari, who has already been ordered to be released on bail vide order of this Court.
Learned counsel for the applicant further contends that the injured in her statement could not disclose any motive against the accused as to why he had thrown acid on her as well as on her husband. Therefore, prosecution story appears to be doubtful. Learned counsel for the applicant further contends that the co-accused Ajai Tiwari has been released on bail on the ground that his name does not find place in the FIR. He also contends that statement of Smt Kushlawati was recorded by the Investigating Officer after seven days of the occurrence. She had not been medically examined, therefore, her statement appears to be doubtful.
Learned counsel for the applicant further contends that Kedar Nath is the scribe of the written report who was bearing enmity with the accused applicant. The complainant has implicated the accused applicant at the instance of Kedar Nath. Therefore, present accused applicant deserves to be released on bail.
Learned A.G.A. opposed the bail application and argued that the accused applicant had been identified by the injured Smt Kushlawati Devi as well as complainant in the light of torch. He has not assigned any motive to the injured as well as complainant as to why they have falsely implicated him. The accused applicant has got criminal history. Therefore, the accused applicant does not deserve to be released on bail.
Considered the submissions of learned counsel for the applicant, learned A.G.A. and learned counsel for the complainant.
Considering the complicity of the accused applicant in the alleged occurrence and nature of offence as well as totality of the facts and circumstances of the case, I do not find it a fit case for bail.
The application for bail is, therefore, rejected.
13.01.2010 Renu/-