Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16579 of 2021 Applicant :- Rohit Kumar Mishra Opposite Party :- State of U.P.
Counsel for Applicant :- Rakesh Kumar Mathur,Sanjay Pandey Counsel for Opposite Party :- G.A.,Sudarshan Singh
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Rohit Kumar Mishrain connection with Case Crime No.769 of 2019, under Section 302 I.P.C., Police Station Nawabganj, District Allahabad.
The first information report of this incident was lodged by the complainant against four named accused persons including the present applicant about the death of his son. It was alleged in the F.I.R. that on 29.10.2020 at about 7.30 A.M. his son Shyam Babu had gone to attend call of nature and when he was returning from there and reached at Kacchi Sarak outside the village, the applicant along with three other persons named in the F.I.R. assaulted the deceased with knife, lathi danda, ballam and countrymade pistol. The deceased received serious injuries. He was taken to the hospital where he was declared dead.
As per the post mortem report, the deceased received following injuries:-
1. L.W. 5cm x 1cm x bone deep left side skull, 7cm above left ear.
2. Stabbed wound 4cm x 1 cm x chest cavity deep on left side upper chest 10 cm above left nipple at 11 o'clock position.
3. Stabbed wound 2 cm x 0.5cm on right mid arm 10 cm above right elbow.
Cause of death is haemorrhage, shock and coma.
Learned counsel for the applicant submitted that the applicant is quite innocent and has been falsely implicated in the present case. There is no eye witness of the incident and police had taken eye witness account after about one and half months.
He further submitted that recovery shown from the present applicant of knife is totally false and fake. General allegation of assaulting has been levelelled against all the four accused persons.
Sri Sudarshan Singh, learned counsel for the complainant and leaned A.G.A. vehemently opposed the prayer for bail of the applicant.
Sri Sudarshan Singh, learned counsel for the complainant submitted that co-accused Mohit Kumar Mishra, who was granted bail by this Court vide order dated 02.11.2020, a copy of the order is annexed at page 57 of the paper book, is creating pressure on the complainant to withdraw the case.
He further submitted that co-accused Dinesh Kumar Mishra was absconding. The present applicant was arrested and in his confessional statement stated that he hit the deceased with knife and knife was recovered from the possession of the applicant.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, particularly that the deceased had received stabbed wound on chest and cause of death is haemorrhage, shock and coma and knife was recovered from the possession of the applicant, without expressing any opinion on merits, this Court does not find it to be a fit case for bail at this stage.
Accordingly, the bail application stands rejected.
Order Date :- 30.7.2021 Asha