Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26515 of 2021 Applicant :- Sakir Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Shukla
Hon'ble Samit Gopal,J.
Heard Sri Santosh Kumar Shukla, learned counsel for the applicant, Sri B.B. Upadhyay, learned counsel for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Sakir, seeking enlargement on bail during trial in connection with Case Crime No. 115 of 2021, under Sections 147, 148, 149, 302, 506 I.P.C., registered at Police Station Ajeetmal, District Auraiya.
The prosecution case as per the First Information Report lodged on 22.03.2021 by Manoj Kumar is that his father Ram Chandra had taken a land of Dileep Kumar and Kanhaiya Lal for farming on which Golay, Kamruddin, Sakir and Haroon were also having an eye and they were threatening him leaving the said land and going away. On 21/22.03.2021 at about 10:30 pm, the first informant and his father Ram Chandra along with cousin Raki Kushwaha were guarding the potato crops in the field and were lying down there wherein the four named accused along with co-accused Kamruddin and Firoz armed with kulhari, knife and saria came there and assaulted Ram Chandra after which the first informant and Raki raised hue and cry and then the said persons tried to take Raki. On hearing the shouts from nearby fields came there and on their exhortation, the said persons dragged his father Ram Chandra for taking him away but could not take him due to the presence of persons of nearby. They left Ram Chandra at some distance and ran away.
Learned counsel for the applicant argued that although the applicant is named in the First Information Report along with five other accused persons but he has not been assigned any specific role whatsoever. Only allegation against the applicant is that he along with co-accused Kamruddin, Haroon and Golay were having an eye on the field which was taken by the deceased for ploughing after which all the six accused persons are said to have assaulted the deceased. He further argued that the applicant has no criminal history as stated in para 19 of the affidavit and is in jail since 24.03.2021.
Per contra, learned counsel for the State opposed the prayer for bail and argued that the applicant is named in the First Information Report and has been assigned the role of assault upon the deceased with other co-accused persons.
After having heard learned counsels for the parties and perusing the records, it is evident that the applicant and five other accused persons have been assigned the role of assault on the deceased. The deceased has received six injuries on his person which have proved fatal. The injuries are serious and on vital parts of the body. I do not find it a fit case for bail.
Considering the totality of the case in particular, nature of evidence available on record, I am not inclined to release the applicant on bail.
The bail application is, accordingly, rejected.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 25.10.2021 M. ARIF Digitally signed by Justice Samit Gopal Date: 2021.10.26 09:51:34 IST Reason: Document Owner Location: High Court of Judicature at Allahabad