Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31952 of 2018 Applicant :- Roop Kishor @ Tinku Opposite Party :- State Of U.P.
Counsel for Applicant :- Prem Narayan Rai,Raj Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 1073 of 2017, under Section 302, 323, 504, 506 I.P.C., P.S.-
Ghatampur, District- Kanpur Nagar, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that although in the F.I.R. it has been alleged that five persons including the applicant had assaulted the deceased with lathi and spade but the injury report as well as the postmortem report of the deceased show only two antemortem injuries, one incised wound and contused swelling and in view of the above, the possibility of prosecution case being exaggerated and false implication of several innocent persons cannot be ruled out. He lastly submitted that the applicant who has no criminal antecedents to his credit and is in jail since 12.12.2017, is entitled to be released on bail during the pendency of the trial.
Per contra learned A.G.A. opposed the prayer for bail and submitted that the eye witnesses of the occurrence in their statements recorded during investigation, assigned the role of attacking the deceased with lathi and spade to the applicant and co-accused Kamal Kishor @ Chhotey. The postmortem report of the deceased fully corroborates the prosecution case and hence, the applicant is not entitled to be released on bail.
After having heard the submissions advanced by learned counsel for the parties and perused the material brought on record, I am not inclined to enlarge the applicant on bail at this stage of trial.
The prayer for bail is refused.
Accordingly, the bail application is rejected at this stage.
Order Date :- 24.8.2018 KS