Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26578 of 2016 Applicant :- Ratnesh Kumar @ Dablu Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhiraj Kumar Pandey,Raj Kumar Singh Counsel for Opposite Party :- G.A.,K.P.S. Yadav,Santosh Nath Yadva
Hon'ble Sanjay Kumar Singh,J.
Heard Sri Raj Kumar Singh, learned counsel for the applicant, Sri Samar Nath Yadav, learned counsel for the complainant and learned A.G.A on behalf of the State and perused the record.
By means of this bail application, the applicant who is involved in Case Crime No.429 of 2016, under section 304 I.P.C., Police Station Badiapur, District Jaunpur, is seeking enlargement on bail during the trial.
As per prosecution case, on 07.06.2016, informant Mahendra Prasad (brother of the deceased Rinku) lodged FIR as Case Crime No.429 of 2016, under section 304 I.P.C at Police Station Badlapur, district Jaunpur for alleged occurrence dated 05.06.2016. In the FIR it is alleged that the brother of the informant Rinku and the applicant Ratnesh Kumar @ Dablu were going in 'Barat' of Suresh. At that time a dispute arose between the applicant and brother of the informant regarding sitting in bus. It is further alleged that when 'Barat' reached at its destination, the applicant started abusing the brother of the informant and assaulted him by kick, fist and danda. In the said incident brother of the informant received injuries on his neck and loin and he fell down. He was taken to the hospital with the help of villagers from where he was referred to Varanasi on 06.06.2016 but in the way brother of the informant Rinku died.
Learned counsel for the applicant has submitted that from the own case of prosecution, it is clear that the occurrence took place all of sudden and the FIR has been lodged after two days. He next submitted that it is specific case of the prosecution in the FIR that deceased had received injuries on his neck and loin. The informant Mahendra Prasad in his first statement dated 07.06.2016 under Section 161 Cr.P.C. has also stated that the deceased received injuries on neck and loin. It is submitted that in the inquest report also injuries have been shown on the neck and shoulder while in the postmortem report of the deceased, which was conducted on 07.06.2016, four injuries have been shown. Injury nos. 1 and 2 have been found on skull, injury no.3 has been found on eye side and injury no.4 has been found on the right side of upper chest, which do not corroborate with the prosecution version as mentioned in the FIR. It is next submitted that after seeing the postmortem report of the deceased, effort has been made to improve the prosecution case, as per postmortem report in the second statement dated 10.06.2016 of informant Mahendra Prasad. It is next submitted that the deceased had not received any injury on his loin. It is also submitted that infact the deceased was in drunken condition and was not in sense. On opposing the act of the deceased by the applicant, he started free fighting, unfortunately he fell down on the road and sustained injuries on the right side of his body. It is also submitted that the applicant has been falsely implicated. He is innocent and has never been convicted regarding any offence. The applicant has no criminal history and he is languishing in jail since 10.06.2016.
Per contra, learned AGA as well as learned counsel for the informant has vehemently opposed the prayer for bail but could not dispute the aforesaid argumetn advanced on beahlf of the applicant.
On behalf of the informant, it has been submitted that the informant in his second statement has stated that his brother had received injuries on head, neck and loin.
In affidavit, learned counsel for the applicant has submitted that such improvement has been made by the informant in his second statement after seeing the nature of injury in the postmortem report dated 07.06.2005.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Ratnesh Kumar @ Dablu, involved in Case Crime No.429 of 2016, under Section 304 I.P.C., Police Station Badlapur, District Jaunpur, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
iii) The applicant will not indulge in any unlawful activities.
iii) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 19.12.2018 SKD